건물철거 등
1. The part against Defendant H in the judgment of the court of first instance shall be revoked, and the plaintiff who falls under the above revoked part shall be the defendant.
1. Basic facts
A. Defendant B borrowed 3.20 million won for the purchase cost of each of the above lands from Q from June 2002 to the construction cost of the building, with the project plan to purchase the land outside Y and four parcels owned by Gangseo-gu Seoul Metropolitan Government, and to newly build a row house on the ground. Defendant B purchased the land from Q from Gangnam-gu Seoul Metropolitan Government on June 5, 2002, with the money borrowed from Q, and completed the registration of ownership transfer with Q as its purchaser’s name after purchasing the 2/3 shares of the land from Gangseo-gu Seoul Metropolitan Government on June 5, 2002. The above land was divided into the land listed in attached Table 1 (hereinafter “instant land”). After the combination of the above Y-gu land into the above Y land, the ownership transfer registration was completed on July 25, 2002 to the remainder of 1/3 shares of the instant land due to partition of co-owned property.
3) Around June 2002, Defendant B asked Q to obtain a loan of this case to Q as a collateral, and Q Q obtained a loan of KRW 125,000,000 from Choung Bank on June 11, 2002, and made the instant land to Defendant B, and on the same day, it was merged into the Republic Interest Bank Co., Ltd. (the Republic Interest Bank, Ltd.) for the instant land.
(2) The establishment registration of the mortgage of this case (hereinafter “mortgage of this case”) with the maximum debt amount of KRW 162,500,000.
The registration of creation of superficies has been completed, and thereafter, on January 12, 2010, R, the wife of R, the representative director of the Plaintiff, fully repaid its loan obligations to the above bank, and acquired a claim for collateral security from the above bank and completed the supplementary registration before the instant collateral security transfer. 4) R, the representative director of the Plaintiff, filed a lawsuit seeking a loan against Q, based on the loan claim amounting to KRW 80 million against Q, Seoul Central District Court Decision 2007Da44691 (hereinafter “instant loan lawsuit”).