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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. On November 1, 2003, the Plaintiff sold F (hereinafter referred to as “instant real estate”) out of the Daejeon Seosung-gu D Apartment-gu Daejeon (hereinafter referred to as “E apartment”) newly built and sold by C from Co., Ltd. (hereinafter referred to as “C”) in the purchase price of KRW 236,101,00.
G Co., Ltd. (hereinafter referred to as "C, etc." together with C) guaranteed C's obligations under the sales contract for the buyers including the Plaintiff, etc. as the contractor.
The Plaintiff paid KRW 121,440,400 out of the sale price.
B. The E Apartment Construction Corporation was suspended around July 2004 due to the shortage of business funds, such as C, etc.
Accordingly, on July 24, 2005, in order to resume the interrupted new construction construction, some of the buyers of the E apartment units (sectioned buildings) held a general meeting of the buyers of E apartment units and established the E apartment buyers' countermeasure committee (hereinafter referred to as the "measures Committee"), and the defendant and three persons including the defendant were elected as joint representatives, and the regulations on countermeasures were enacted.
The plaintiff was admitted as a member of the Countermeasures Board at that time.
C. On July 26, 2005, the Countermeasures Tribunal and C agreed to change the name of the building owner of the E Apartment to a person designated by the Countermeasures Tribunal in C, etc.
On the following day, the countermeasure committee held a general meeting of the E apartment buyers, and resolved to change the name of the E apartment building owner to the name of H Co., Ltd. (hereinafter “H”) in which the defendant served as the representative director, and selected H as a corporation representing the E apartment buyers.
Around August 2005, I substantially managed C et al. prepared a written consent to the effect that he/she will not dispose of the E apartment at will without the consent of the countermeasures committee at the place where the common representative of the countermeasures committee such as the defendant et al. is present and delivered on the countermeasures.
On February 9, 2006, the Countermeasures Tribunal and C et al. concluded a contract to transfer or acquire all business rights related to the new construction and sale of the E apartment to H in C et al. (hereinafter “instant transfer or acquisition contract”).
E. Countermeasures and C, etc. shall be May 18, 2006.