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1. Revocation of a judgment of the first instance;
2. The defendant is the Daejeon District Court with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. The registration of the preservation of ownership was completed on June 12, 200 with respect to the real estate listed in the attached list (hereinafter “instant 401”; and the entire building “CB”) on the attached list (hereinafter “CB”), and CB was newly constructed by the Defendant’s child who had engaged in the construction business at the time of the construction.
The Plaintiff’s Intervenor E (hereinafter “E”) who was the husband of the Plaintiff is a person who was awarded a subcontract for electrical construction works at the construction site from D at the time.
B. On September 28, 200, the Plaintiff entered into a contract with D on September 28, 200 to purchase KRW 401,755,00,000. The purchase price was KRW 35,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, was paid within two months after the contract, and the remaining balance was replaced with E electrical construction costs.
The plaintiff paid 20 million won to his business D, and has been living until now after moving into the 401 of this case.
C. On June 21, 2000, the establishment registration of a mortgage-backed mortgage-backed joint mortgage-backed claims No. 201, 202, and 302 was completed on June 21, 200, jointly with CBC No. 201, 202, and 302. However, the joint collateral mortgage-backed claims No. 201, 202, and 302 were revoked until July 14, 2003.
After that, on June 18, 2009, the registration of the right to collateral security was cancelled on the ground of termination.
In addition, on June 25, 2009, the establishment registration of a mortgage was completed on the same day on the same day on the grounds of the contract. The loan amounting to KRW 35 million was used by the defendant.
In addition, with respect to the instant 401, the ownership transfer registration was completed on October 15, 2010 on the grounds of sale on October 1, 2010, and thereafter, on October 14, 2010, the amount of KRW 50 million against the mortgagee, the debtor, and the maximum debt amount.