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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
Reasons
1. Basic facts
A. On August 4, 2014, Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded an agency contract with the Defendant’s Intervenor D District Housing Association and the regional housing association apartment project (hereinafter “instant project”) newly built in one unit of E in Kimhae-si (hereinafter “instant project”), and thereafter, Defendant B (hereinafter “Defendant B”) succeeded to the rights and obligations under the instant agency contract of Defendant C.
B. F Co., Ltd. concluded a service agreement with Defendant C and the Intervenor D Regional Housing Association on the recruitment of its members regarding the instant project, and performed its duties.
C. On August 1, 2016, F Co., Ltd. transferred to G the claim for the sales agency fee of KRW 495,000,000 against Defendant B, and the said assignment of claim notice reached Defendant B around that time.
G on February 11, 2019, transferred its claim for the amount of money transferred to H. The notice of assignment of the above claim reaches Defendant B around that time.
E. On March 15, 2019, the Plaintiff and H entered into a contract with the Defendants of H to transfer a claim for the sales agency fee against the Defendant joining the Defendant (hereinafter “transfer of claims”). H notified the Defendants of the assignment of claims, and the said notification of assignment of claims reached the Defendants around that time.
The main contents of the assignment contract of this case are as follows.
The obligor A, a transferee of the contract for transfer of the claim
1. B
2. C:
3. The amount of assignment of claims of the D Regional Housing Association: The indication of claims to be transferred at KRW 495,00,000 (as of August 1, 2016, the date of occurrence of claims): The indication of claims to be transferred to the assignee for the loans and the damage claim of KRW 495,00,00,000, which the transferor of claims for the sale agency fees has against the obligor Company B, C, and D Regional Housing Association: the transferor is above the assignee for the loans and the damage claim of KRW 495,00.