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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
Defendant’s payment order (title D prior to the opening of name) against C, claiming that “A Co., Ltd. (hereinafter “C”) on February 23, 2009, paid KRW 3488,800,000,000,000 to Co., Ltd. (hereinafter “C”) was set at KRW 5% per annum and was not paid.” Around 2017, the Defendant filed an application for the payment order against C to seek payment of KRW 3488,880,000 and interest or delay damages thereon with the 300,000,000,000 won with the Chuncheon District Court, the Chuncheon District Court issued the payment order on March 15, 2017, as stated in the purport of the claim ordering payment of the said money.
(hereinafter “instant payment order”). The said payment order was served to C on March 21, 2017, but it became final and conclusive as it did not raise any objection.
On August 206, 2006, C purchased the instant land to remove a fish tank, warehouse, housing, etc., which existed on the ground of Gangwon-gun E-gun, Gangwon-do, and a F large of 112 square meters (hereinafter “instant land”) and to newly construct a new hotel on the ground of the said land.
C On August 31, 2006, after completing the registration of ownership transfer with respect to the instant land in its own name, C completed the registration of ownership transfer with respect to G Co., Ltd. (hereinafter “G”) based on trust on the same day.
C around September 2006, in order to construct a new hotel building on the instant land, H Co., Ltd. (hereinafter “H”) awarded a contract for the construction of a new hotel building on the fourth and tenth floor above the ground, and H began the construction of a new hotel building from around that time.
H around October 2007, the construction was suspended in a state where the construction was completed from the fourth underground floor to the first underground floor of the wall cement structure.
G on October 12, 2010, sold the instant land to I Co., Ltd. (hereinafter referred to as “I”), and I sale the instant land to J Co., Ltd. on October 24, 2010.
The instant land was sold to the Plaintiff.
G The instant case on December 24, 2010