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1. Revocation of a judgment of the first instance;
2. The Defendant’s Seoul Central District Court 2008Da335154 has an executive force against the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 2003, Gangnam-gu Seoul Metropolitan Government C Dae-gu, 239.9 square meters (hereinafter “instant land”) and the Plaintiff, D, etc. (hereinafter “Plaintiff, etc.”) who is a sectional owner of an aggregate building on its ground were resolved to remove existing buildings on the instant land and reconstruct an aggregate building of five stories on the ground.
At the time, D owned Nos. 101, E, 102, F, 201, the Plaintiff 202, and G 301.
(B) Of the instant land, the Plaintiff owned 40.78/239.9 shares, G 40.78 shares, F 163.12 shares, and D 15.95 shares, respectively.
Plaintiff
On December 11, 2003, the Plaintiff, etc. entered into a contract for construction works between H and H with the payment of KRW 542.7 million as contract deposit, and agreed to pay KRW 30 million as contract deposit, and to pay KRW 40 million as well as KRW 40 million as a balance and KRW 32.7 million as a result of the completion of aggregate construction works on the first floor, and the remainder of the construction cost is KRW 400 million as a substitute for the payment.
C. The Plaintiff’s loan 1) H ceased construction work on March 10, 2004 due to the lack of construction cost, and the Plaintiff, etc. decided to complete the construction work after obtaining a loan of KRW 200 million as construction cost on March 20, 2004, and H agreed to provide the instant housing as collateral and succeed to the obligation of the loan. Accordingly, the Plaintiff, etc. shall be the principal debtor of the Plaintiff, and D, G, and F shall be the joint guarantor, and KRW 200 million shall be loaned from the Han-dong Saemaul Bank on April 29, 2004 (hereinafter “instant loan”).
(2) The Plaintiff received the loan, and the Plaintiff transferred the loan amount of KRW 150 million to H, and the remainder of KRW 50 million to H offset the existing claim that the Plaintiff lent to H as construction cost, etc.) on the other hand, the Plaintiff et al. shall pay the loan obligation.