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1. Of the main claims of this case, the part demanding the performance of the conciliation clause and the ancillary claims shall be dismissed.
Reasons
1. Basic facts
A. In around 2009, the Plaintiff obtained a building permit from the Yangsan market in order to construct a building on the land of 354.7 square meters in Yangsan-si in the Plaintiff’s name (hereinafter “instant land”) (hereinafter “instant land”) and the said building (hereinafter “instant building”).
B. On November 12, 2010, the Defendant (the trade name was changed from D Co., Ltd. to E Co., Ltd. on September 10, 2009, and October 13, 2015, respectively) leased KRW 200 million to F Co., Ltd. (hereinafter “F”) at the due date set at KRW 12.5% of the interest accrued on February 12, 201 and February 12, 201. The F Co., Ltd. and the Plaintiff’s father as the representative director and the Plaintiff’s father jointly and severally guaranteed the F’s debt to the Defendant, set up a collateral security and superficies worth KRW 300 million of the maximum debt amount and superficies with respect to the instant land on the same day, and on behalf of the Plaintiff who is a minor, the Plaintiff, at any time, transferred the right to construct the instant building to the Defendant or the Defendant’s designated.
C. On November 15, 2010, F completed the registration of ownership transfer based on a voluntary auction on November 12, 2010 with respect to the instant land. However, around March 16, 2011, F completed the registration of ownership transfer based on the voluntary auction, however, the auction procedure for the instant land was commenced to Ulsan District Court H on March 16, 201, and Defendant (2/3 equity) and I (1/3 equity) completed the registration of ownership transfer based on the voluntary auction on October 27, 201.
Meanwhile, at the time the Defendant and I acquired the ownership of the instant land as above, the instant building existed on the ground of the third floor size above the ground. D.
On October 27, 201, the Defendant distributed KRW 233,456,205, which was the date of distribution in the course of voluntary auction to Ulsan District Court H, but did not receive KRW 19,043,80 out of the borrowed money as of the date of distribution.
2.3.