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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, in the name of his wife C, was awarded a contract for 527 million won for a pelpel construction work from the former non-Gun, the non-U.S.-Gun, and 16 households, other than the former non-Gun, and 3 lots of G tenements (hereinafter “G tenements”) in the name of his wife C, and its form E (the contractor is the actual implementer and the subcontractor, and D lent its name to E and managed funds; hereinafter “D”) but it could not receive KRW 350 million among them.
B. On August 2, 2011, the Plaintiff entered into a sales contract with D, etc. with a view to completing the registration of transfer of ownership in the Plaintiff’s name with respect to the total number of six households of 103, 104, 201, 203, 403, and 404 (hereinafter “each apartment house of this case”) among G apartment houses, instead of paying KRW 70 million for the unpaid construction cost for D, etc. and for the unclaimed design construction cost for H.
C. D on August 31, 2011, with respect to each of the instant tenements, the former District Court No. 6977 had completed the registration of ownership preservation in its name.
On November 201, the Plaintiff filed a lawsuit against D for the registration of ownership transfer with respect to each apartment house of this case with the Jeonju District Court 201Da36444, and on February 9, 2012, the said court rendered a judgment by public notice that “D shall implement the procedure for the registration of ownership transfer for each apartment house of this case to the Plaintiff on August 2, 2011,” and the said judgment became final and conclusive around that time.
E. Meanwhile, Defendant and I, J, and K (hereinafter “Defendant, etc.”) leased to D, etc. the construction cost for the new construction of G apartment houses, in order to secure their respective rights to claim the construction cost, and ① the Defendant, on October 10, 201, committed each of the instant apartment houses with KRW 103, 104, 201, and 203 as to each of the instant apartment houses at KRW 50,000,000,000 for each of the obligors and the maximum debt amount.