소유권보존등기말소등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. The Han Bank Co., Ltd. (hereinafter “C”), a stock company (hereinafter “one bank”), extended a total of KRW 6.7 billion on September 20, 2007, and KRW 7.3 billion on March 18, 2008 (hereinafter “each of the instant loans”); Defendant Hyundai Switzerland Savings Bank Co., Ltd. (hereinafter “Defendant Hyundai Switzerland”) extended a loan of KRW 4 billion on September 20, 2007. At that time, C and Defendant Hyundai Switzerland agreed to provide the real estate (hereinafter “the building of this case”) recorded in the attached list (hereinafter “the building of this case”).
B. C entered into a joint agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on November 29, 2010 on the acquisition of all rights and duties regarding the instant building in the amount of KRW 3.5 billion on the grounds of the construction of the instant building by using each of the instant loans, etc., and on November 29, 2010, Defendant B entered into a joint agreement on the acquisition of the instant building by transfer of all rights and duties, and on January 10, 201, the content of the instant agreement on the acquisition by transfer of the instant building was the land owner of the instant building, and Defendant B entered into a joint agreement on the acquisition by transfer of the instant building in the form of a land in the instant building. As the owner of the instant building on January 10, 201, Defendant B owned each of the rights and duties as the owner of the instant building, and divided the profits accrued from the instant building in the ratio of 380% and 20% by Defendant B (hereinafter collectively referred to as “instant agreement”).
A joint and several guarantee was made within the limit of KRW 5.2 billion with loans owed to Defendant Hyundai Switzerland, such as described in the paragraph.
(hereinafter referred to as the “joint and several sureties of this case”).
The owner of the instant building was changed to Defendant B on November 3, 2010, and December 1, 2010, respectively. At the time, the construction ratio of the instant building was 90% and the columns, roof, main walls, etc. were completed.
C and Defendant B against the above Defendant Hyundai Switzerland.