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1. The plaintiff's claims against the defendants are all dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. (1) On March 21, 2011, the Industrial Bank of Korea loaned KRW 1,100,000,000 to the principal debtor C (hereinafter “C”) with a small and medium enterprise loan under the joint and several sureties’s joint and several sureties’s joint and several sureties, and C lost the benefit due to the failure to pay the principal and interest, etc. while making a transaction with the Industrial Bank of Korea, and at the time, the principal and interest of the loan was at KRW 959,697,49.
(2) On December 21, 2012, the United Nations Es.S. Specialized Company transferred the claim for loans to C by the Industrial Bank of Korea (hereinafter “instant claim”) to the Plaintiff on December 5, 2014. On December 5, 2014, the Plaintiff re-transfer the instant claim to the Plaintiff, and notified the transfer to C around that time.
(3) On December 24, 2014, the Plaintiff acquired the instant claim filed an application for payment order with the Gwangju District Court No. 2014Guj19565 with respect to the instant claim (the Plaintiff filed an application for partial payment of KRW 300,000 out of the loan principal amount of KRW 959,697,499). On January 5, 2015, the Gwangju District Court issued a payment order stating that “C and D jointly and severally filed a claim with the Plaintiff for payment of KRW 300,000,000, interest for delay, and expenses for demand procedure,” and the said payment order was served on January 8, 2015, and became final and conclusive on January 23, 2015.
(A) Evidence No. 1). (b)
(1) On December 8, 2011, C entered into a sales contract between C and Defendant A (hereinafter “instant apartment”) with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Nonparty D, the registration of ownership transfer was completed on the ground of sale on December 5, 2011.
(2) On August 10, 2012, C entered into a contract with Defendant A to sell KRW 520,000,000 with respect to the instant apartment (hereinafter “instant sales contract”) (Evidence B). Defendant A completed the registration of ownership transfer on the instant apartment on August 31, 2012 due to the sale on August 10, 2012, and on the same day, the instant apartment.