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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. On October 200, the Plaintiff received through her husband E a request from Defendant C to lend his name while purchasing a building site and establishing a building.
On October 23, 2000, the Plaintiff purchased the instant site from Defendant C’s funds in the discretionary auction procedure concerning the Gwanak-gu Seoul Special Metropolitan City D Site (hereinafter “instant site”).
The Plaintiff obtained a building permit under his own name as to the building newly constructed by Defendant C in the instant site (hereinafter “instant building”).
B. The Plaintiff and the Defendants agreed to obtain the ownership transfer registration of the instant building site and the title of the building permit of the instant building from Defendant B, who is Defendant C’s son.
(hereinafter referred to as “instant agreement”). The Plaintiff provided the Defendants with necessary documents for the transfer of their names.
C. In accordance with the instant agreement, Defendant B completed the ownership transfer registration of the instant building site on May 11, 2001, but failed to implement the procedure that was taken over in the name of the building permit of the instant building.
In addition, Defendant C violated the Building Act several times, such as extending the building of this case without permission and moving into the building before obtaining approval for use.
In 206, the Defendants imposed acquisition tax, property tax, and enforcement fine on the correction of the matters violating the Building Act on the instant building from around 2006.
The plaintiff was subject to the seizure of wages due to the delinquency of taxes, etc., and was registered as a bad credit holder.
E. The Plaintiff filed a claim for damages against Defendant B (this court 2008Gahap7075) by asserting that the Plaintiff incurred losses due to failure to comply with the procedure for changing the title of the building permit of the instant building.
On February 9, 2009, the settlement between the Plaintiff and the Defendant (hereinafter “the settlement of this case”) was established with the following contents:
1. The plaintiff and the defendant B are above the ground of Gwanak-gu Seoul Special Metropolitan City D.