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1. Of the judgment of the court of first instance, the part against Defendant D among the judgment of the court of first instance is revoked, and the Plaintiff’s revocation part is Defendant D.
Reasons
1. Facts of recognition;
A. The Defendant Corporation is the implementer of the Nam-gu Incheon Metropolitan City Housing Site Development Project District, and is a person who has sold the commercial land of 832 square meters in K and 832 square meters in the said project district (hereinafter “instant site”). Defendant B is the first buyer of the instant site, and Defendant C, D, and Geumbu Construction (hereinafter “Defendant C, etc.”) is the one who newly built L (hereinafter “instant aggregate building”) on the instant site after succeeded to the status of the buyer of the instant site from Defendant B, and the Plaintiff acquired ownership by winning a successful bid for the instant aggregate building in the course of compulsory auction.
B. On March 28, 2007, Defendant B and Defendant Corporation: (a) sold the instant site to KRW 3,976,54,000 for the purpose of constructing a building for designated use by Defendant B; and (b) upon Defendant B’s full payment of the sale price, the Defendant Corporation consented to the request for approval of the use of the instant site; and (c) concluded a sales contract with the content that the sale price is fully paid and the sale price is fulfilled after the completion of the cadastral record adjustment.
C. On February 5, 2008, Defendant C, etc. purchased the buyer’s right to the instant site from Defendant B in KRW 427,654,40. On March 19, 2008, Defendant C, etc. loaned KRW 2,380,000,000 from Nonghyup Bank, and KRW 120,000,00 on March 21, 2008, respectively, and paid full payment of KRW 4,158,911,210 in total and KRW 4,158,91,210 on March 21, 2008 by agreement with Defendant Corporation and Defendant B. On the same day, Defendant B and Defendant B agreed to succeed to the entire rights and obligations of the buyer.
Defendant C, etc., upon receiving a loan from the Nonghyup Bank on March 19, 2008, in order to guarantee their respective obligations to return the loan, the Nonghyup Bank shall file a claim for the registration of ownership transfer with respect to the site of this case (hereinafter “the claim for the registration of ownership transfer”).