구상금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. C and the Defendant, the husband of the Plaintiff, around 2003, are the Seoul Jongno-gu D District Redevelopment Project (hereinafter “instant redevelopment project”) around 2003.
2) On November 7, 2003, E concluded a loan agreement stating that “In relation to the instant redevelopment project, the obligor shall borrow KRW 300 million from the obligee, and the borrowed principal shall be repaid six months after the date of the loan (the repayment date may change somewhat according to the business approval) and shall be paid in addition to KRW 300 million after six months after the date of loan” (hereinafter “the loan agreement in this case,” and the debt to be borne accordingly is referred to as “the debt in this case”).
3) E signed and sealed on the creditor column of the above agreement, and C and the defendant affixed their signatures and seals on the debtor column, and on the same day C received three cashier's checks of KRW 100 million at face value from E and delivered them to the defendant. B. The process of the auction and creation of a collateral security right and the progress of the auction and the auction and sale of the above cashier's checks. However, upon the issuance of the above cashier's checks, E demanded C to secure the loan obligation of this case, and C delivers a promissory note of KRW 300 million at face value issued by the Plaintiff, who is its wife, to E on November 10, 2003. On the other hand, the Seoul Seongdongdong District Court No. 102, 1106, Seongdong-gu, Seoul, Seoul, under the Plaintiff's name (hereinafter "the apartment of this case"). < Amended by Act No. 7821, Oct. 13, 2003; Act No. 7821, Oct. 1, 2003>
2) On October 31, 2005, according to the application for voluntary auction filed by another mortgagee, the decision to commence the voluntary auction of the apartment of this case was made in the name of H on the ground of sale by voluntary auction on May 25, 2006.