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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 302,867,978 and KRW 167,660,478 among them, the Defendant (Counterclaim Defendant)’s KRW 302,867,978 and KRW 167,660,478.
Reasons
Around October 2010, the Defendant, non-party D, and non-party E (the Defendant’s birth) jointly purchased the C 2,136 square meters (hereinafter “land before C division”) of land related to the construction cost, and made a joint purchase agreement on the land (hereinafter “C land purchase agreement”) with a specific portion owned solely and to newly construct each apartment unit on each land.
Defendant, D, and E entered into a contract with the Plaintiff for new construction of a building and construction of a road on March 201 to build five multi-family housing units as seen above. Joint purchase of land before subdivision was made on May 23, 201 and the registration of ownership transfer was made on the land before subdivision by three co-ownerships, including Defendant, D, and E. The land before subdivision was divided into six parcels (C, F, and G) on May 27, 201.
The above co-owners were loaned KRW 620,000,000 from the Gyeongbuk-do Fisheries Cooperatives with the land joint purchase fund. As to the whole land partitioned on May 30, 201, each of the co-owners set up a collateral security right of KRW 86,00,000 for the maximum debt amount.
Since then, the plaintiff, who was awarded a contract for new building construction, participated in the joint purchase agreement of the land in this case, and E has withdrawn from the joint purchase agreement of the land in this case.
C On August 27, 2011, the Plaintiff, the Defendant, and D drafted a written confirmation (No. 6; hereinafter “C land-related agreement”) to the following effect with respect to the instant land:
(However, under the evidence No. 6, the Defendant’s name was written under the Defendant’s husband’s husband’s H). The purchase price of the entire land C is a total of KRW 973,080,460, and G, which is a road among divided lands, is a co-owner’s share of the size of the land.
Since then, the above three persons shall be C, among the above divided land C.