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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C-building housing association is the implementer of the project that constructs E- Apartment on the land outside Gwanak-gu in Seoul Special Metropolitan City and 11, and ELD comprehensive construction company is the contractor of the project that entered into a contract for the construction of the said project with the said association.
B. On May 16, 2011, the Plaintiff purchased the said apartment 101 Dong 601 (hereinafter “instant apartment”) from the Crebuilding Housing Association as KRW 600 million. However, the down payment of KRW 20 million shall be paid at the time of contract, and the intermediate payment of KRW 400 million shall be paid on May 23, 201, and the remainder of KRW 180 million shall be paid on June 30, 201. However, the instant sales contract written on June 30, 201, stating that “the date of June 30, 2010” is written as “the date of June 30, 2011,” but is written as “the date of June 30, 2011.”
The sales contract to be paid (hereinafter “instant sales contract”) was concluded, and the instant sales contract was written by the C-building Housing Association as a seller, the Plaintiff as a buyer, the ELA Construction Company as a joint guarantor, and the ELA Construction Company as a joint guarantor, and was stipulated to pay the full amount of the purchase price to the ELAD Construction Co.,
C. According to the instant sales contract, the Plaintiff paid each of the remainder KRW 180,000,000 on May 16, 201, 201, the intermediate payment of KRW 400,000,000 on May 24, 2011, and the remainder of KRW 180,000,000 on July 1, 201.
On November 13, 2013, the registration of ownership preservation of the apartment of this case was completed in the future of the C-building Housing Association on November 13, 2013, five compulsory auction decision, including F, Seoul Central District Court, and eight provisional attachment decision was made, and on February 17, 2017, the registration of ownership transfer was completed for the Defendant on the ground of sale due to compulsory auction as of February 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 7 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff’s assertion is the actual disposal authority of the apartment in this case.