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1. The Plaintiff’s appeal against the Defendants and the Defendants’ selective claims added by this court are all set forth.
Reasons
1. Facts of recognition;
A. A. Around August 2003, the Plaintiff and the co-defendant B of the first instance trial (hereinafter “B”) and the co-defendant E of the first instance trial (hereinafter “E”) were co-owned land. The JJ large 248 square meters (hereinafter the above two parcels are collectively referred to as “the instant site,” and the individual land is specified as lot number) were owned B. The Defendants and B, and E (hereinafter collectively referred to as “Defendant et al.”) decided to construct a reconstruction apartment on the instant site around August 2003 and concluded a reconstruction contract with K Co., Ltd. (hereinafter “K”) to remove the existing building on the instant site and build an apartment 14 households (hereinafter “L apartment”).
B. The Defendant, etc. elected B as the representative of the project owner, and on June 27, 2003, the Defendant, etc. as the project owner, etc., obtained a building permit on L apartments to be constructed on the instant site. On January 29, 2004, the Defendant, etc. became a joint business owner and completed business registration for the purpose of building and sale of housing.
C. B, on July 15, 2003, prior to the construction of L apartment, obtained a loan from V Co., Ltd. (hereinafter “V bank”) on the instant land as collateral (hereinafter “instant loan”), and completed the registration of creation of a collateral for the said land with the maximum debt amount of KRW 325 million, the debtor B, and the collateral security bank (hereinafter “instant collateral security”).
The Plaintiff acquired the right of sale in U-ho, which he purchased from K on January 27, 2005, from L apartment M, N, L, and L, T, U, and K.
As each buyer of the above apartment units, the registration of ownership transfer for each of the above units after completion of the above apartment units has been completed, and the registration of ownership transfer has been completed for shares according to the whole area of each of the above units of apartment units out of the site of this case.
E. The instant right to collateral security L.