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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 January 29, 2016, the Plaintiff transferred KRW 60 million to F Co., Ltd. (hereinafter “F”) (hereinafter “F”), the enforcement company of the D Main Complex Building E (hereinafter “instant commercial building”) to be constructed on the land of the Jinjin-gu, Seoul, and 15 parcels of land in the Seoul Special Metropolitan City.
B. On February 1, 2016, the Defendant concluded a sales contract in which the instant shopping district was sold in KRW 1,520,293,00 (hereinafter “instant sales contract”) from F, and the date of the payment is as follows.
The remainder of the down payment of down payment shall be 152,029,029,300 152,029,300 152,029,300,300 152,06,50 once ( August 15, 2016), two times (on November 15, 2015) at the time of the contract for the remainder of the down payment of down payment (hereinafter referred to as June 15, 2015) three times (15, 2015) and four times (152,029,300 152,029,3029,30 152,029,029, 300, 300
C. On May 2, 2016, the Defendant transferred the rights and obligations under the instant sales contract to G and H.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The parties' assertion on the cause of the claim
A. The plaintiff's assertion is on the following grounds that the defendant is obligated to pay 60,000,000 won and damages for delay to the plaintiff.
1) On January 2016, the Plaintiff paid KRW 60 million out of the sales price of the instant commercial building to F, who was the selling company of the instant commercial building, and the Defendant acquired the status of the buyer of the instant commercial building upon entering into the instant sales contract, and thus, the Defendant was unaware of the Plaintiff and the Plaintiff did not borrow KRW 60 million from the Plaintiff, even though there was no loan agreement between the Plaintiff and the Defendant as described in paragraph (1).
2 The defendant shall I and I.