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The claim of this case is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. C filed an application for a payment order against the Defendant with Seoul Southern District Court Decision 2014 tea6827, and on May 13, 2014, “The Defendant jointly and severally with D Co., Ltd. to pay KRW 610,500,000 and delay damages therefrom,” and the said payment order was finalized on June 6, 2014.
E around August 2019, from C, acquired from C the claim of KRW 305,250,000 among the claims under the above payment order against the Defendant and the damages for delay thereof (hereinafter “claim of this case”).
B. As to each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”), the Plaintiff completed the registration of the right to claim transfer of ownership based on the purchase and sale reservation made on September 20, 2019 by the Incheon District Court Registry No. 349877, Sept. 20, 2019 (hereinafter “instant purchase and sale reservation”).
C. On October 1, 2019, the Plaintiff agreed to acquire the instant claim from E, and entered into a payment contract with the Defendant to transfer the ownership of the instant real estate to the Plaintiff in lieu of performing the instant obligation owed by the Defendant to the Plaintiff (hereinafter “instant payment contract”).
On January 30, 2020, E transferred the instant claim to F, and F transferred the instant claim to the Plaintiff on February 20, 2020.
[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to perform the registration procedure for ownership transfer of each of the instant real estate under the instant payment contract in lieu of the repayment to the plaintiff who acquired the instant claim, barring any special circumstance. 2) Accordingly, the defendant is liable to execute the registration procedure for ownership transfer of the instant real estate in lieu of the payment in lieu of the payment in lieu of the said claim.