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(영문) 창원지방법원 2020.08.20 2019나55474

손해배상(기)

Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts recognized;

A. The ownership relationship of the instant land and buildings in Jinju-si is 1) E, 93.9 square meters, f. 42.6 square meters, G 50.2 square meters (hereinafter “instant land”) in Jinju-si, which was combined with E on October 4, 201; hereinafter “instant land”).

(2) On October 27, 2010, Co-Defendant B of the first instance trial completed the registration of ownership transfer from P, the owner prior to the same day on April 16, 2010. On the same day, Co-Defendant B of the first instance trial (hereinafter “instant building”) newly constructed the 4th floor room building on the instant land (hereinafter “instant building”). On the same day, the registration of ownership preservation was completed under his/her own name on October 27, 2010. On the same day, the instant land and the instant building were loaned KRW 150 million from Q association under the name of the Defendant, which was one of the co-mortgages, and created a right to collateral security at KRW 195 million with the maximum debt amount on the said land and the building.

3) B completed the registration of ownership transfer to the Defendant on November 2, 2010 with respect to the instant building on the same day as the grounds of sale on November 2, 2010. (4) B raised funds for the purchase of the instant land and the construction of a new building; (3) received a loan under the name of the Defendant and managed the payment of interest on the loan; and (4) managed the management of the building, including lease, by itself

A around February 22, 2011, B received power from the Defendant on the lease-related business of the building of this case.

B. On July 25, 201, the Plaintiff entered into a contract with the co-defendant D to purchase the instant land and building at KRW 493 million (hereinafter “instant sales contract”) on the same day with the Co-Defendant D on July 25, 201 (hereinafter “instant contract”). The Plaintiff paid KRW 50 million for the actual lease deposit of KRW 10,000,000,000, KRW 500,000,000,000, KRW 500,000,000, KRW 500,000,000, KRW 500,000,000, KRW 5,000,000, KRW 50,000,000, KRW 5,000,000, KRW 5,000,000, KRW 1.37,50,000,00,00 Dong-dong Housing as explained by the HS B.