손해배상(기)
1. Defendant C shall pay to the Plaintiff KRW 288,325,160.
2. Plaintiff’s claim against Defendant B and Defendant C.
1. Basic facts
A. (i) The Plaintiff and Defendant C are the initial ownership relationship of the instant real estate, and the Defendants are the married couple.
On July 1, 1970, the Plaintiff and Defendant C’s father purchased from the Seoul Metropolitan Government the Geumcheon-gu Seoul Metropolitan Government E-gi 256.4 square meters (hereinafter “instant land”) of KRW 12 million.
At the time, Defendant C bears the amount of KRW 6 million, half of the purchase price.
As to the land of this case, on October 29, 1981, the registration of ownership transfer was completed with the plaintiff and F-sharing on May 20, 1982, the registration of ownership transfer was completed in the plaintiff's future with respect to F's shares.
Article 22(1) of the Civil Act provides that the registration of ownership preservation shall be completed on September 7, 1994. The existing housing of this case was removed, and the registration of ownership preservation has been completed in the future of the plaintiff, as the neighborhood living facilities of the fourth floor of the steel reinforced concrete structure (each floor area of this case, 119.84 square meters, hereinafter the building of this case, including the land and buildings of this case) were newly constructed
At the time, Defendant C bears at least 90% of the costs of new construction of the instant building.
B. (i) The provision of the instant real estate as security for transfer (i.e., the provision of the instant real estate) was made between Jun. 1, 1985 and Mar. 1, 1993 with the Plaintiff’s consent in order to raise funds while operating G book points at the time of the Government, and the Defendant C used the instant land as the debtor C and the Korea Sports Bank Co., Ltd., Ltd., as security, and
D. The Defendant C prepared a sales contract with the Plaintiff and the buyer H on the instant real estate with the consent of the Plaintiff in order to raise funds around October 1994, and borrowed money from H as security.
C. (i) On August 7, 1996, Defendant C did not repay the loan, Defendant C completed the registration of transfer of ownership with respect to the instant real estate, and on March 20, 2001, Defendant C sold the instant real estate to I and completed the registration of transfer of ownership on April 24, 2001.
B. The registration of ownership transfer is made in H as above.