공유물분할
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant, from around 1983, established E [the name was changed to F] in D located in Guro-gu Seoul Metropolitan Government, and produced and sold spackers by establishing “E” (the name was changed to F in around 2004; hereinafter collectively referred to as “E”).
Around 198, the Defendant became aware of the Plaintiff in D around 1998, and entered into an internal relationship with the Plaintiff. On March 7, 2003, the Defendant registered the Plaintiff and joint business operators with the trade name called E.
B. On February 28, 2005, the original Defendant jointly purchased from Aamannet Co., Ltd. the 901 floor Nos. 901 of the H building located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) at KRW 430,00,000, and the same year.
3. 25. As to the instant building, the registration of co-ownership was completed in duplicate 1/2.
around that time, the Defendant moved the E’s place of business to the instant building, together with the Plaintiff, resided in the instant building.
C. On March 25, 2005, the Defendant borrowed KRW 270,000,000 from the Industrial Bank of Korea to pay the purchase price for the building of this case. The Plaintiff jointly and severally guaranteed the above loan obligations.
On the same day, the Industrial Bank of Korea completed the registration of creation of a mortgage on the instant building with the maximum debt amount of KRW 330,000,000, the debtor, the defendant, and the Industrial Bank of Korea.
The Defendant received loans from the Industrial Bank of Korea of KRW 250,000,000 on September 18, 2009, and KRW 130,000 on April 13, 201, respectively, from the Industrial Bank of Korea, and the Plaintiff jointly and severally guaranteed each of the above loans.
On September 18, 2009, the Industrial Bank of Korea additionally completed the registration of creation of a new mortgage on the instant building, the maximum debt amount of KRW 150,000,000, and the debtor, the defendant, the defendant, and the Industrial Bank of Korea of Korea.
On December 27, 2013 and December 10, 2014, the Defendant repaid the loans to the Industrial Bank of Korea and cancelled each of the above collateral security in order.
E. The living relationship between the original Defendant was terminated after around 2013.
[Ground of recognition] There is no dispute.