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1. Revocation of a judgment of the first instance;
2. The Defendants shall prepare the attached Form 2 among the real estate listed in the attached Table 1 List 1.
Reasons
1. Facts of recognition;
A. On August 29, 2003, Defendant B entered into a contract for the construction of a private house or facility with the representative of the Korean Film Association, with the construction cost of each real estate listed in the attached Table 1 (hereinafter “instant building”) as KRW 1.4 billion, and performed the said construction work (hereinafter “instant construction”).
B. After that, on November 26, 2004, the registration of ownership transfer for the instant building was completed under the name of I, the Plaintiff’s punishment, as of June 4, 2004, due to the sale as of June 4, 2004, and on June 22, 2005, the procedure for compulsory sale of real estate was commenced by the Incheon District Court Branch of the Incheon District Court.
C. Around that time, Defendant B, who occupied the building of this case, claimed the existence of the first construction cost claim of KRW 1.344 billion in the above auction procedure, and on August 14, 2006, filed a lien report with the above auction court (hereinafter the above lien referred to as “the first lien”) on August 9, 2006, reported the correction of the amount of the first construction cost claim of KRW 1.23 billion in the amount of the first construction cost claim of KRW 1.22 billion, and the Plaintiff also filed a lien report on July 20, 2006.
K acquired the instant building at the above auction procedure, and completed the registration of ownership transfer on August 22, 2007.
On December 23, 2007, K entered into a real estate exchange contract with Defendant B’s shape and its wife M (hereinafter “L, etc.”) with the purport that L, etc. will purchase the instant building from K. However, L, etc. will take over the obligation of loans of KRW 4.8 billion to a mutual savings bank Embrypt in Korea, in lieu of paying the purchase price, L, etc. will take over the obligation of loans of KRW 4.8 billion to a mutual savings bank Embrypt in Korea, transfer the ownership of the real estate N in Gangwon-gu, Gangwon-do N in Incheon, and the ownership of the real estate located in Incheon, Incheon, K will have the right to use the instant building from December 24, 2007
E. Defendant B, upon delegation from L, etc. of remodeling construction for the building of this case, removed or remodeled the existing facilities from December 24, 2007 to March 15, 2008, and installed a shotbane facilities, health facilities, and swimming pool.