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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
From June 17, 2009 to August 2009, the Defendant, who acquired the Defendant’s preferential right, started the construction work with a contract with the construction cost of KRW 10.7 billion for the 67 billion for the Newly constructed construction work on the 6-family housing unit E (hereinafter “the instant tenement house”) located in Chungcheongnam-si from the company B (hereinafter “B”) and its representative director C, D and its representative director C.
B and C (hereinafter “C, etc.”) entered into a contract with the Defendant on April 4, 201, under which the ownership of the instant apartment house Nos. 201 through 205, 305, and 505, 201 (hereinafter “instant substitute house”) was transferred to the Defendant in lieu of the payment of a part of the construction price for the instant apartment house (hereinafter “instant substitute house”).
C, as stipulated in the instant payment contract in accord and satisfaction, between the Korea Land Trust on April 5, 201 and the Korea Land Trust on April 201, 201, as to the instant payment in accord and satisfaction Nos. 204 and 305 of the instant payment in trust with the Korea Land Trust, the Defendant entered into a contract for the change of the real estate security trust (hereinafter “instant trust agreement”) with the first beneficiary, as to the said 201, 202, 203, 205, and 505, Dong Agricultural Cooperative (hereinafter “YF”) as the first beneficiary, the Defendant, as the second beneficiary, as the second beneficiary, and each real estate security trust (hereinafter “instant trust agreement”), and the first and second preferential beneficiary rights, which the Defendant acquired, as the Defendant’s name, from the Young-dong Agricultural Cooperative, to KRW 8 million in the name of the Defendant (hereinafter “instant loan”).
The Plaintiff and the Defendant entered into a payment contract in substitutes between the Plaintiff and the Defendant on June 201 and the construction cost of civil engineering works, etc. around KRW 810 million, among the construction works of the building on the land of Gangseo-gu Seoul Metropolitan Government and three lots (hereinafter “F building”), respectively, and completed the construction cost of the ground reinforcement works around October 201.