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1. The judgment of the first instance, including the preliminary claim that the Plaintiff (Counterclaim Defendant) added at the trial, is as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around 2012, the Plaintiff lent approximately KRW 100 million to Defendant F (tentative name H) around 2012. (2) On March 27, 2013, the registration of ownership transfer was completed on the Plaintiff’s name on March 11, 2013. On the same day, the said land was offered as security to the Plaintiff, and the said loan was used as part of the purchase price of the said land in KRW 450 million.
B. 1) The Plaintiff’s account under the Plaintiff’s name (hereinafter “instant new cooperative account”).
) The head of the Tong, debit card, and the use thereof were entrusted to Defendant F. Defendant F, upon obtaining a construction permit on the said land in the name of the Plaintiff, is a multi-household house (J building; hereinafter “instant building”).
(2) The building of this case was completed by 8 households (No. 201, 202, 301, 302, 401, 402, 501, 502), around September 30, 2013, and the registration of ownership was completed under the name of the Plaintiff on September 30, 2013. On the same day, each household of the building of this case was secured by the debtor, and the Plaintiff was financed by 88,624,00 won in total from the Saemaul Bank of Korea as the debtor and repaid all loans to the credit union of this case as KRW 420,838,692.
The Plaintiff’s account in the name of the Plaintiff is also the head of the Tong, debit card, and the receipt of the use of the bank account in the name of the Plaintiff (hereinafter “instant community credit cooperative account”).
C. 1) Defendant F was delegated by the Plaintiff with the right to sell the instant building and operated a sales office in the vicinity of the instant building. 2) Defendant F is a part of the instant building on behalf of the Plaintiff on behalf of the Plaintiff.