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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter referred to as “C”) entrusts the sale of officetels constructed in Sungnam-si, Sungnam-si, with the Korea Asset Trust Co., Ltd. (hereinafter “trust Company”), and the trust company completed registration of initial ownership of new officetels including the instant officetels on January 15, 2014.
B. On February 3, 2012, E, the president of C, concluded a sales contract for the instant officetel with a trust company.
E received a loan and paid part payments.
C. Since then, on December 8, 2014, the Plaintiff entered into a resale agreement with E on the instant officetel sales right (hereinafter “instant resale agreement”) with E to succeed to the status of the buyer of the instant officetel from E.
In addition, on December 18, 2014, with the consent of trust companies and Hyundai IMC Co., Ltd. in relation to the succession of the rights and obligations of the buyer from E, the fact of succession was stated in the first supply contract succession column.
E. On December 22, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant officetel.
In addition, according to the resale contract of this case on the same day, the plaintiff extended KRW 170,00,000 from the Han Bank to repay E’s intermediate payment loans and overdue interest, and completed the registration of creation of a mortgage over the instant officetel at the creditor Han Bank, Han Bank, the debtor, and the maximum debt amount of KRW 204,00,000 with respect to the instant officetel as the secured debt.
F. On March 19, 2014, the previous owner of F, F already managed the instant officetel, such as receiving the instant officetel from E and paying management expenses. Thereafter, F’s G is residing in the instant officetel from August 19, 2015 to the present date, together with the Defendant, who is his spouse, with the permission of E.
The defendant's possession assistant is merely a possession assistant.