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(영문) 청주지방법원 2015.10.28 2015가합578

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 12, 2008, Jindo Construction Co., Ltd. (1) was Jindo Construction Co., Ltd. (hereinafter “instant site”) with respect to the instant officetel building owner: (a) on February 12, 2008, the building owner’s name was changed.

3) On the ground, officetels (hereinafter referred to as “instant officetel”)

3) Building permit for construction (hereinafter “instant building permit”)

(1) The construction of the instant officetel (hereinafter referred to as the “instant construction”)

(2) Since then, Defendant B’s spouse, who had practically led the instant construction, would be invested in the construction fund from Plaintiff’s spouse G. G completed the registration of ownership transfer on the instant site owned by Jina Co., Ltd. on November 9, 2009. On November 18, 2009, Defendant B’s spouse, who had actually led the instant construction, transferred the ownership registration under the name of the owner of the instant building permit.

3) However, G agreed with F to undertake the instant construction work again. Accordingly, on January 29, 2010, G changed the name of the owner of the instant construction permit to Defendant B, a F’s wife. 4) Defendant B borrowed KRW 120 million from Defendant C on June 29, 201 for the instant construction work as of September 30, 201 to complete the registration of the establishment of a neighboring site and completed the inspection of completion of the instant officetel within three months, and if Defendant C fails to perform or perform its loan and debt repayment, Defendant C voluntarily entrusted the instant construction work and arbitrarily handled the instant instant officetel through an agreement between 801 through 808 households.

5. Meanwhile, F borrowed construction funds from H other than Defendant C to carry out the instant construction project. In order to secure the return of construction funds lent by Defendant C and H, the name change of the owner was made on December 12, 201, adding H and Defendant C to the joint owner of the instant building permit. As a result, the instant building permit was issued.