손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 18, 2006, a forest industry development corporation (hereinafter “the instant land”) entered into a contract with C on April 11, 2008, under which the said neighborhood living facilities and new construction works for collective housing (hereinafter “instant construction”) will be designated as KRW 247,50,000 (a separate value-added tax) for construction work on the ground, after completing the registration of ownership transfer with respect to the instant land with respect to B-dong-gu Busan Metropolitan City (hereinafter “instant land”).
B. On October 20, 2009, the friendly Industrial Development transferred the instant business right to D and E on October 20, 2009 because it was difficult to obtain a loan for construction cost, and D transferred the instant business right to the Plaintiff on January 10, 201 and completed the registration of transfer of ownership on the instant land on January 20, 201 after re-transfering the instant business right to the Plaintiff. The name of the owner of the instant construction was changed to the Plaintiff on November 15, 201.
C. On November 18, 201, the Plaintiff borrowed KRW 620 million from the Defendant (the loan period until November 15, 2012; hereinafter referred to as “instant loan”). On the same day as the security, the Plaintiff completed the registration of the establishment of a mortgage on the instant land with the maximum debt amount of KRW 740 million in the future of the Defendant.
On the other hand, the building, which was being newly constructed on the ground of the instant land (hereinafter referred to as the “building of this case”), was suspended under the process of the structural construction of the building up to the seventh floor, and C occupied the building of this case by asserting that it acquired a lien on the basis of the claim for the construction cost of this case.
E. On September 20, 201, the Plaintiff filed a lawsuit against C with Busan District Court 201Kahap19624 against the Plaintiff seeking the delivery of the instant land and the removal of the instant building. The Busan District Court on November 14, 2012 filed a lawsuit against C on the instant building.