1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

B On April 27, 1998, the registration of ownership transfer was completed on April 11, 1998 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

Article 2 Section B of the Pre-Contract No. 50,000,000 of the purchase price, stipulates that the real estate of this case shall be sold to the defendant.

Article 3 The defendant shall make up for sale to B by declaring his/her intention to complete the sale and purchase resolution not later than January 1, 2007.

In principle, as long as the reservation to trade of this case between the defendant and B continues to exist effectively, the trade shall be concluded with the defendant's indication of completion of the trade, even after the expiration of this period.

Article 4 (1) When the defendant expresses his/her intention to complete the sale under Article 3 above, the sales contract between the two parties is established, and B shall implement the procedure for the registration of ownership transfer of the real estate in this case at the date designated by the defendant.

(2) At the same time as the procedure for registration under the preceding paragraph, the defendant shall pay to B the remainder of KRW 10,000,000 after deducting the amount of KRW 40,000 from the amount of the purchase price under the preceding Article.

On January 19, 2005, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on January 18, 2005, based on the trade reservation (hereinafter “sale reservation”). The main contents of the sale reservation of this case are as follows.

On September 23, 2009, the National Dental Rehabilitation Fund (B) issued a payment order against B, stating that “The debtor B shall pay 16,106,669 won to the creditor Dental Rehabilitation Fund and 13,506,053 won per annum from September 18, 2009 to the date of full payment,” and the above payment order was finalized on October 14, 2009.

On January 26, 2018, the national happiness fund transferred the above claim against B to the Plaintiff.