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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. C was awarded a successful bid of land and buildings E, G land and buildings (HMoel) in the real estate auction procedure commenced with the Jeonju District Court D on February 7, 2007.
B. After that, as the Corporation I had performed remodeling construction works for each of the instant real estate, it exercised a lien on each of the instant real estate, and J, the Defendant’s seat, was awarded a subcontract for part of the said construction works by the said Company on March 2010, but did not receive the construction cost.
C. Among them, C did not pay a loan to Hongsan Agricultural Cooperative, and the auction procedure was commenced at the same court K on July 22, 2009 with respect to each of the instant real estate. During that process, Co., Ltd. entered into a promise to sell and purchase each of the instant real estate with C on October 2009 and completed the provisional registration, but L was determined as the highest purchaser on June 2010 at the above auction procedure.
The Defendant and the J agreed to purchase each of the instant real estate from C in a way to recover the above claim for the construction price, and smoothly resolve the auction case, and purchased each of the said real estate at KRW 700 million at the end of consultation with C’s agent M and paid to L the said highest price in addition to KRW 10 million in return for the waiver of auction.
E. At the time of the introduction by J around March 2010, the Plaintiff was operating the above E-ground building (F) by leasing KRW 40 million from N of the representative of I Co., Ltd. upon the introduction of J, but was requested by the Defendant and J for the financing of each of the instant real estate purchase.
F. Accordingly, around June 25, 2010, the Defendant, the Plaintiff, etc. paid KRW 9 million to Ma Man or M as the price for renunciation of auction against the above highest price buyer. Among them, KRW 5 million was the Plaintiff, and the remainder of KRW 4 million was the Defendant, respectively.
M. M.