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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The construction of each of the buildings of this case 1) The Defendant created the E Complex on 11 parcel, including 3,417 square meters, from D on September 23, 2008, the 3,417 square meters in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant construction”).
(2) On September 28, 2008, the construction period was contracted from February 28, 2009 to February 29, 2009, and the contract amount of KRW 4.4 billion (including value-added tax) with respect to each of the instant buildings. (2) On December 29, 2009, the Defendant, after obtaining approval for the use of each of the instant buildings, deposited part of the construction price from D at the construction site. D obtained the Defendant’s permission for W, the head of the on-site management office, and received the key to each of the instant buildings from its employees.
B. 1) After completing the preservation registration of each of the instant buildings on April 7, 2011, D: (a) as a security title for the payment of the construction cost to the Defendant on December 29, 2011; (b) as to the instant building, Nos. 6, 101, 106, 14, 101, 102, 17, 101, and 102 of the instant building, the mortgagee, the Defendant, and the maximum debt amount of KRW 80 million were set up, and (c) on June 28, 2012, D acknowledged that the Defendant was liable for KRW 3.7 billion to the Defendant; and (d) on the other hand, D completed the registration of the establishment of a debt repayment contract with the maximum debt amount of KRW 500 million against the Plaintiff on June 27, 2013 (hereinafter collectively referred to as “Plaintiff F&D Co. 400 million on each of the instant building”).
C. On October 28, 2013, the Plaintiff filed an application for voluntary auction of each of the instant buildings on the auction procedure for each of the instant buildings. Voluntary auction by the Cheongju District Court G (hereinafter “instant auction”).
(2) shall have commenced.