Text
1. The plaintiffs' primary claims and the plaintiff's conjunctive claims are dismissed, respectively.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Around April 2014, D, the Defendant’s attached, on behalf of the Defendant, contracted the construction of the five-story neighborhood living facilities and multi-household buildings (hereinafter “instant building”) with E and F on behalf of the Defendant in the contract amount of KRW 800,000,000 on the ground of the land G in Thai-gun, Chungcheongnam-gun (hereinafter “instant building”).
(hereinafter referred to as the “instant construction project,” and the relevant contract is called the “instant construction contract”). B.
With respect to the payment of the instant construction contract, the said parties determined that ① KRW 200,000 for progress payment: (a) the remainder 280,000,000 for the construction work shall be paid after the completion of the instant construction work; and (b) the remainder 320,000,000 for the construction work shall be transferred in lieu of the payment of KRW 8,132 square meters for H forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “H forest”).
Accordingly, D around April 2014, on behalf of the Defendant, sold H forest land to E in KRW 320,000,000 on behalf of the Defendant; however, D prepared a contract with the content that the purchase price will be settled as part of the price of the instant construction contract.
(hereinafter referred to as “instant substitute payment contract”) under this sales contract.
E, on June 18, 2014, written a document (Evidence A 9) stating that all rights to the instant construction contract are transferred to the Plaintiffs, as the title "construction contract document", and signed and sealed the documents by the Plaintiffs and the Defendant as the transferee and the owner, respectively.
The Defendant obtained approval for the use of the instant building on November 24, 2014, and completed registration of the preservation of ownership on December 26, 2014.
E. However, notwithstanding the Plaintiffs’ several peremptory notices, the Defendant did not make a transfer of ownership in the name of H forest under the Plaintiffs, and the Plaintiffs and E notified the Defendant of the cancellation of the instant substitute payment contract on May 22, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 9 (including branch numbers), and oral arguments.