beta
Text
1. The defendant shall pay to the plaintiff the share of 136.648/2 of the 661m2 of the 661m2 in Jung-gu Seoul Central District Court.
Reasons
1. Basic facts
A. D (the trade name was changed to “Co., Ltd. E” on March 5, 2014; hereinafter “D”) is a company that engages in real estate development business, etc., and the Plaintiff is a representative of D, and the Defendant was serving as an auditor of the company from March 26, 2004 to March 31, 2011.
B. The instant project and the Defendant’s lending debt 1) D, from around 2007, purchased the F market site in Gangnam-gu from around 2007, and redevelopment and sale to apartment buildings (hereinafter “instant project”).
(2) On May 31, 2007, the Defendant obtained a loan of KRW 1.19 billion from G apartment 1,501, Seocho-gu Seoul Metropolitan Government G apartment 1,501, which is owned by the Defendant, as security, from G apartment 1,199,000,000 won, as the purchase fund of the project site of this case, and used the remainder of the loan as loan interest, loan expense, etc.
3) On February 29, 2008, the Defendant: (a) obtained a loan of KRW 435 million from one bank as security from H apartment 331 Dong 1107, Seocho-gu Seoul, Seoul, which was owned by the Defendant; and (b) transferred KRW 150 million to the Plaintiff’s account on March 3, 2008; (c) D collected the down payment from the seller of the instant project site on December 16, 2008, as the instant project was not carried out; and (d) D recovered the down payment from the seller of the instant project site and paid the Defendant KRW 1 billion to the Defendant on December 16, 2008.
5) On December 19, 2008, the Defendant borrowed KRW 400 million from one bank as collateral. On the same day, 87.8 million out of the above G apartment 1 and 501 was deposited into D account, and the remainder of the loan was used in repayment, etc. of the Defendant’s loan obligations to the existing wedding Mutual Savings Bank. (C) On February 18, 2009, the Plaintiff entered into a mortgage agreement with the Defendant and the Jung-gu Seoul Metropolitan Government Co., Ltd. with a maximum claim amount of KRW 450 million with respect to the share of KRW 136.648,000,000,000 for the maximum claim amount of KRW 136.648,000 on February 19, 2009.