손해배상 등 청구의 소
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On December 25, 2009, the Plaintiff and the Defendant entered into an agreement with the Plaintiff to purchase land through joint investment and resell or develop and dispose of the land, and then divide the profits therefrom into half (hereinafter “instant trade agreement”).
B. In accordance with the instant trade agreement, the Plaintiff and the Defendant received a successful bid in the name of the Plaintiff for KRW 90,70,000 in the name of the Plaintiff for KRW 12,00,00,000, from Cheongju District Court H real estate auction on April 2, 2010.
5. A registration for the transfer of ownership with respect to the above land was completed, and two detached houses (hereinafter referred to as “the Boan-gun Housing”) were newly constructed on the land in the Boan-gun. On December 21, 2010, the registration for the preservation of ownership was also made under the name of the Plaintiff. ② On April 15, 2010, the Defendant concluded a sales contract with I for the purchase price of KRW 76,50,000 on the land in the official city owned by I (hereinafter referred to as “land in the official city in the instant case”), and completed the registration for the transfer of ownership on the 20th of the same month.
The Plaintiff and the Defendant shared the purchase cost of each of the above lands and the new construction cost of each house by one half.
C. On May 13, 2010, the Plaintiff and the Defendant borrowed KRW 60 million from the Youngdong Saemaeul Community Credit Cooperatives (hereinafter “instant community credit cooperatives”), and registered the establishment of a collateral security with respect to the land of this case, KRW 84 million with the maximum debt amount on May 14, 201, and with respect to the land of this case, KRW 84 million with the debtor as the Plaintiff and the mortgagee as the instant community credit cooperatives, and KRW 50 million with respect to the land of this case and the housing of the same month with respect to the land of this case.
3. The maximum debt amount was KRW 70 million, and the debtor was registered as the Plaintiff and the mortgagee as the instant community credit cooperative.
Meanwhile, each of the above loans amounting to KRW 80 million among the loans amounting to KRW 110 million = KRW 30 million among the loans amounting to May 13, 2010. < Amended by Presidential Decree No. 23068, Aug. 1, 2011>