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(영문) 광주고등법원 2015.12.04 2014나12309
대여금 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Around 2003, the Plaintiff entered into a contract for the construction of a new building (a total floor area of 1,171.36 square meters; hereinafter “instant building”) on the Seo-gu, Seo-gu, Gwangju with a scale of 1st underground floor and 5th ground (hereinafter “large-type construction”) for the construction of a new building (a total floor area of 1,171.36 square meters; hereinafter “instant building”) from March 24, 2003 to October 30, 2003.

(A) Around September 2003, the Plaintiff entered into a construction contract with F Co., Ltd. (hereinafter “F”) operated by E (hereinafter “F”) as the Plaintiff-friendly Defendant B introduced the construction of the instant building in the course of completing the construction of a private teaching institute on the third floor floor. Around September 2003, the Plaintiff entered into a construction contract with F to set the construction cost of the instant building as KRW 420,000,000 (including value-added tax) and from September 31, 2009 to December 31, 2003.

F completed the instant building on February 13, 2004, and the Plaintiff completed the registration of ownership preservation on the instant building on February 13, 2004, and completed the registration of ownership preservation on February 18, 2004 on the instant building and its site (hereinafter “site”) and transferred the total amount of KRW 500,000,000 to the F on the same day by borrowing from the South Mine Agricultural Cooperative on February 18, 2004.

On March 22, 2004, the Plaintiff completed the registration of creation of a neighboring mortgage in the name of Hong-Profit Mutual Savings Bank with respect to the instant building and O apartment units, which are residential areas, and received a loan of KRW 200,000,000 from Hong-Profit Mutual Savings Bank under Defendant B’s joint and several sureties, and remitted KRW 198,50,000 to the passbook in the name of the wife E on March 23, 2004.

Korean Standards Dadrid Mutual Savings Bank, a stock company, after acquiring the above loan claims of Hongk Mutual Savings Bank, applied for voluntary auction of the instant building to Gwangju District Court P on August 18, 2009. The instant building was decided to commence auction on August 18, 2009. The instant building was on April 19, 2010 in the above auction procedure.

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