손해배상(기)
1. The Plaintiff (Counterclaim Defendant)’s appeal against the principal lawsuit by the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) added at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant B is the nominal owner of the five-story lending (hereinafter “instant lending”) composed of the partitioned buildings with a total of six households, such as each building indicated in the attached list of the buildings located in the 280 square meters in the Don-gun, Jeonnam-do (hereinafter “instant land”).
Defendant C, as Defendant B’s children, is the nominal owner of the instant loan I.
B. Around October 30, 2013, Defendant B, as the owner of the instant loan, started new construction with various permission and approval related to construction, and the approval for use was obtained on or around March 27, 2014, and the registration of ownership preservation was completed in Defendant B’s name on March 27, 2014, but the considerable portion of the business was performed by the Plaintiff.
C. On May 19, 2014, multiple ownership transfer registrations were completed in relation to the instant loan. Among them, the Plaintiff’s wife, and the ownership transfer registration was completed in the M M, which is the Plaintiff’s wife, and the Plaintiff’s creditors, Q,O, and R were completed in relation to the G, H, and J, and the ownership transfer registration was completed in the Defendant C, which is the children of Defendant B, as to subparagraph I.
However, regarding K, it remains in the name of Defendant B until now.
With respect to the instant 6 households, the registration of the establishment of joint mortgage was completed on March 28, 2014 with the instant land and the joint collateral under the name of the NNB, a debtor of Defendant B (hereinafter “N”), but on May 19, 2014, with respect to each of the collective security rights established on the five units of the foregoing FF, G, H, I, I, and J-5 households, the registration of the alteration of each of the collective security rights was completed on the ground of the acquisition of the contract as of May 19, 2014 with respect to each of the collective security rights established on the five units of the foregoing F, G, H, I, and J-5 units.
[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including provisional number; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings.