Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1, 2, and 3
A. The lower court acknowledged the following facts based on adopted evidence.
(1) On October 27, 2004, B entered into the instant sales contract with the Republic of Korea for the construction and sale of a residential complex complex apartment (hereinafter “instant residential complex building”) on the ground (hereinafter “instant residential complex”) on the lots of land in 189 square meters and four lots of land (hereinafter “instant project site”) located in Ansan-gu, Jeonyang-gu, Annyang-si, Annyang-si, and the said residential complex building for the purchase of No. 1109 (hereinafter “instant apartment”). On October 28, 2004, B entered into the instant sales contract with the Plaintiff for the loan of KRW 114,000,000 from the Plaintiff for the housing fund of KRW 114,000,000.
(2) On October 13, 2003, the K non-real estate trust company, which completed the registration of ownership transfer on the instant project site due to the trust on May 28, 2007, sold it to Mad loan Co., Ltd. on the same day. The K non-real estate trust company completed the registration of ownership transfer for the instant project site on May 31, 2007, as Maddrid Co., Ltd. (hereinafter referred to as Mad Co., Ltd) took over the buyer’s status from Madrid loan on the same day.
(3) On December 24, 2007, Acheon Yangyang Construction Co., Ltd. (hereinafter “Acheonyang Construction”) purchased the instant project site from Rotterdam on December 24, 2007 and completed the registration of ownership transfer on the same day.
(4) On March 27, 2008, Acheon Construction entered into the instant business agreement with the Defendant, the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”), and the Acheon Construction Co., Ltd. (hereinafter “Korea Mutual Savings Bank”), with the contractor and the borrower, the Defendant, and the Korea Mutual Savings Bank as a lender. On November 28, 2008, Acheon Construction is outsourced with respect to the instant business site and the instant main complex building.