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1. Revocation of the first instance judgment.
2. The defendant shall deliver to the plaintiff the building indicated in the attached list.
3. Action.
Reasons
1. Facts of recognition;
A. On June 13, 1980, the deceased H (hereinafter “the deceased”) completed the registration of ownership transfer on the land of 571 square meters (hereinafter “instant land”).
G and D shared the land of this case after completing the registration of ownership transfer on the ground of sale with respect to 1/2 shares of each of the land of this case from H on July 1, 2003.
Around 2005, F was supplied with the construction work of constructing a building listed in the separate sheet on the ground of the instant land (hereinafter “instant building”). The Deceased obtained construction permission on October 21, 2005 as the owner and contractor of the instant building, and on October 31, 2005, the construction work commenced on October 31, 2005, and the approval for use of the instant building was completed on February 1, 2006.
The instant building was unregistered, but D completed registration of initial ownership on August 2, 2013.
B. On May 27, 2014, the Plaintiff and E leased KRW 250 million to D with interest rate of KRW 12% per annum and due date on June 30, 2015. The Plaintiff and E completed the registration of the right to claim for the transfer of ownership as of the receipt of KRW 5005 on May 29, 2014, the registration of the right to claim for the transfer of ownership was completed as of the receipt of KRW 5004 on May 29, 2014, the registration of the right to claim for the transfer of ownership was completed as of the receipt of KRW 505 on May 29, 2014, the registration of the right to claim the transfer of ownership was completed as of the receipt of KRW 5005 on May 29, 2014, and the registration of the right to claim the transfer of ownership was completed as of May 29, 2014.
D The Plaintiff and E failed to repay the borrowed money to the Plaintiff and E by the due date. Accordingly, the Plaintiff and E share 1/2 of each of the D shares in the instant land and 1/2 of each of the instant building on August 10, 2015, respectively, are jointly owned by 1/4 of the instant land and 1/2 of the instant building on August 2, 2015 due to the completion of each registration of transfer of ownership on August 2, 2015 under the receipt of No. 6781, respectively.
(c).