손해배상 등
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. According to the reasoning of the lower judgment and the record, the following facts are revealed.
E, together with F, purchased a parcel of land in the Daejeon Jung-gu Rdong and a house on one parcel of land (hereinafter “instant real estate”), and separately purchased real estate owned by the Defendant and C from the Defendant and C, to transfer the ownership of E-1/2 of the instant real estate in lieu of the balance of the purchase price.
B. C was making an investment in real estate with the Plaintiff’s funds in de facto marital relations with the Plaintiff, but around January 1, 1978, around January 1, 1978, upon completing the registration of ownership transfer for the Defendant and/or 1/2 shares of the instant real estate, the Defendant is in charge of managing and disposing of the instant real estate, but at the last time, 50% of the disposal amount is divided.
(hereinafter referred to as “instant agreement”). C.
F After completing the registration of ownership transfer for the whole real estate of this case on January 11, 1978, F completed the registration of ownership transfer for reasons of sale (joint ownership) dated January 16, 1978 in the name of Defendant (1/2 shares) and F (1/2 shares) with respect to the real estate of this case in accordance with the instant agreement, etc. on January 18, 1978.
On April 7, 1978, F and the Defendant completed the registration of establishment of the entire real estate of this case with the debtor F and the defendant, the mortgagee, the plaintiff, the maximum debt amount, 8,812,500 won as to the plaintiff.
(F) On March 16, 2007, Article 2 of the Addenda of the Registration of Real Estate Act was cancelled ex officio when the registration of the establishment of a neighboring mortgage was about 29 years ago.
F and the Defendant: (a) around 1993, the existing housing that had existed in the instant real estate was dead and built a single-story building (hereinafter “instant building”).
The defendant, from June 2004 to August 2009, shall have his model operate a restaurant, and from June 2004 to August 2009, the defendant shall lease to a third party the deposit of KRW 10 million and the rent of KRW 600,000 per month.