제3자이의
1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The facts falling under any of the following subparagraphs of basic facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 7, 10, 15, 20, 21 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4, 29, and 34:
Around May 9, 2006, the Defendant entered into a construction contract for the construction work with the content that the “L” building of the size of the first and the sixth floor above ground (hereinafter “instant building”) is newly constructed on the land of the first underground floor and the sixth floor above the price (including value-added tax) around 6 billion won (hereinafter “instant building”) and completed the construction work on August 1, 2008.
B. On March 31, 2008, B and C agreed to provide the Defendant with payment in lieu of the payment of the construction cost obligation as to the building of this case on the high seas. Accordingly, around May 7, 2008, B and C changed the name of the owner of the building of this case into the joint name of B, C and the Defendant three persons.
However, the Hyundai Plus Co., Ltd., which entered into a sales contract with the Defendant to purchase the instant building from B, C, or the Defendant (hereinafter “Molus”) filed an application for provisional injunction against the disposal of the instant building against the Defendant, B, or C, and the provisional injunction registration was completed on July 15, 2008 with the commission of the registration of provisional injunction following the provisional injunction order.
C. At around May 2006, B and C offered the instant land as collateral and extended the repayment period after obtaining a total of KRW 5.5 billion from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”). As to the instant building
On July 30, 2008, the registration of preservation of ownership, such as the record, was made between B and C on July 30, 2008, and the debtor B and C on July 30, 2008, the maximum amount of the debt regarding B and C’s share, and the maximum amount of debt regarding the defendant’s share.