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1. The part against Defendant I in the judgment of the first instance shall be revoked.
2. Defendant I shall be listed in Annex B, and in Annex I.
Reasons
1. Basic facts
A. The Plaintiff purchased the Mapo-gu Seoul Mapo-gu Seoul (hereinafter “instant land”) in 2002 and newly constructed the studio building on the sixth floor above ground (hereinafter “instant building”) to cover the construction cost with a security deposit, loan, etc., and delegated all of the affairs of new construction, lease, management, etc. of the building to B.
B. Around July 2007, B filed a lawsuit against J and H, etc. seeking payment of the construction cost based on the construction contract entered into in the Eunpyeong-gu Seoul High Ground Building Construction Contract (Seoul Western District Court 2007Gahap666), including the real estate listed in the attached Tables 1 and 2 (hereinafter “real estate 1” and “2 real estate. At that time, J and H owned 1/2 shares among the real estate 1 and 2) (Seoul Western District Court 2007Gahap666). On April 25, 2008, in the said lawsuit, conciliation was established to the effect that B, including the real estate 1 and 2, was put into operation 302, 401 and 402 Nadong 402 among the above buildings, as payment in kind.
C. B is above B.
On June 5, 2008, among the households received as payment in kind, as described in the claim, the first real estate was sold to Defendant C, who was the mother of Defendant C, and on July 28, 2008, the second real estate was sold to Defendant D, the mother of Defendant C, respectively. However, each of the above households was still in the name of J and H, with the consent of J and H, and its form was that J and H entered into a direct sales contract with Defendant C. The transfer registration of ownership was also made to Defendant C with respect to the second real estate, and the second real estate was immediately terminated to Defendant D on July 29, 2008 with respect to the second real estate.
Meanwhile, B entered into a lease agreement with L on October 20, 203 with respect to the building 601, and received 60,000,000 won as the deposit for lease, and paid 40,000,000 won after deducting 20,000 won for the return of deposit to the existing lessee as the deposit for lease.