배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. From September 2010, the Plaintiff borrowed money from the Defendant and the Appointor F (hereinafter “Defendant, etc.”) several times in order to raise the insufficient business funds while carrying out the business of constructing and selling 4 multi-family houses listed in the separate sheet (hereinafter “each of the instant buildings”) from around September 2010.
B. On November 10, 2010, the Plaintiff, D, and the Defendant: (a) completed the construction of each of the instant buildings with an investment of KRW 700 million from the Defendant, etc. by no later than February 15, 201; and (b) drafted a joint investment declaration stating that “The Plaintiff and D, upon completion of the construction of each of the instant buildings by no later than February 15, 2011, shall be at least seven hundred million won in the price already paid without additional payment, such as rights to restrict ownership, taxes, public charges, and other charges.”
C. On July 12, 2011, the Plaintiff and D secured the Plaintiff’s above loan repayment obligation against the Defendant, etc.: ① each registration of ownership transfer for each of the lands listed in the separate sheet Nos. 4 and 6 to the Defendant based on the sale on June 15, 2011; ② each registration of ownership transfer for each of the lands listed in the separate sheet Nos. 1 and 2 to the Selectionor F based on the sale on June 15, 201.
On November 25, 2011, the Plaintiff and D granted to the Defendant, etc. “The Plaintiff and D borrowed a total of KRW 1.7 billion from September 2010 to September 18, 201, and agreed to repay KRW 1.295 billion including the interest until December 18, 2011. The method of repayment, upon completion of each of the instant buildings, issued a “certificate of promise and certificate of loan” to the effect that “The Plaintiff and D will repay the interest and principal of KRW 24 million per annum from December 18, 201 to September 18, 2012.”
E. Each of the instant buildings was completed on or around the end of December 2011, and on January 2, 2012, the registration of preservation of ownership in the name of Appointor F in relation to the buildings listed in Paragraph 8 of the Attached List, and the building listed in Paragraph 9 of the Attached List.