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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 27, 2003, the Plaintiff obtained a construction permit from the head of the Si/Gun/Gu for the purpose of constructing an officetel and neighborhood living facilities (a total floor area of 5,675.54m2, hereinafter “instant building”) on the land located in Gwangju Mine-gu, and obtained a construction permit from the head of the Si/Gun/Gu for the purpose of constructing the instant building (hereinafter “instant building”).
F, the Plaintiff’s creditor, was subject to the decision of provisional seizure of the instant building by the court of this Court No. 2007Kadan1435 on January 31, 2007, and upon the application of FF’s commission registration, registration of preservation of ownership of the instant building was completed in the name of the Plaintiff.
B. On May 10, 2012, the Plaintiff changed the name of the owner to Defendant Company and the instant building owner to the Defendant Company, the Defendant Company immediately paid KRW 250,000,000 to the Plaintiff if it changed the name of the owner of the instant building to the Defendant Company, and the Defendant Company entered into a contract under which the Plaintiff would return the name of the owner of the instant building to the Plaintiff and pay KRW 250,000,000 if the Defendant Company did not pay the said money (hereinafter “instant contract”).
Accordingly, on April 24, 2012, the Defendant Company reported the change of construction participants (owner) from the Plaintiff to Defendant Company and Defendant C, which is its inside director, along with documents required to do so, to the head of the Defendant Mine on April 24, 2012. On May 17, 2012, the head of the Defendant Mine Co., Ltd notified the Plaintiff of the change (hereinafter “instant disposition”).
C. The Plaintiff’s rescission of the instant contract and the filing of a civil lawsuit, as the Defendant Company did not pay the remainder of KRW 40,000,000 out of the agreed amount under the instant contract, expressed its intent to cancel the instant contract to the Defendant Company and the Defendant C on September 3, 2012, and sought the payment of the remainder of the agreed amount to the Defendant Company KRW 210,000,000,000 and the delay damages therefrom.