Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On July 2, 2013, Standard General Construction Co., Ltd. (hereinafter “Standard Construction Co., Ltd.”) contracted from Defendant A for 1.25 billion won for Haan-gun Haan-gun Haan (hereinafter “instant construction”) with KRW 1.25 billion for Dawon Housing Construction Co., Ltd. (hereinafter “Dawon Housing Construction”). On the same day, he subcontracted to KRW 720 million for the remainder of the construction except for civil engineering, landscaping, elevator construction.
The Plaintiff completed the construction work by re-subcontracting the electrical construction part of the instant construction project with KRW 390 million from the Multiwon Housing Construction, but failed to receive the construction cost.
Multiwon Housing Construction Co., Ltd. transferred KRW 390 million to the Plaintiff on November 24, 2015, among the construction cost claims for standard type housing, KRW 390 million to the Plaintiff on the same day, and notified the same on the same day, but the standard type housing was not paid to the Plaintiff, and the Defendant A paid the construction cost directly to the Plaintiff by July 25, 2015.
In addition, on November 24, 2015, Dawon Housing transferred the claim for construction cost of KRW 390 million to the Plaintiff directly received from Defendant A, and notified the Defendant A of the assignment of the claim.
Accordingly, Defendant A is obligated to pay the Plaintiff the construction cost of KRW 390,000,000,000, in accordance with the obligee subrogation doctrine, primarily, according to the direct payment agreement.
B. In addition, on July 27, 2015, Defendant A completed the registration of the right to claim ownership transfer on the real estate stated in the separate sheet, the sole property of Defendant B, as indicated in the purport of the claim regarding the real estate as indicated in the separate sheet, constitutes a fraudulent act detrimental to the Plaintiff, etc. who is the obligee, and thus, the said right to claim ownership transfer registration is cancelled due to the cancellation of the said trade reservation
2. Determination
A. The Plaintiff and Defendant A, as the Plaintiff asserted, first of all, as to the claim for the payment of construction cost against Defendant A.