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1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after the filing of the appeal.
purport, purport, and.
Reasons
1. Basic facts
A. (i) B/D’s partnership relationship and new construction of the instant loan, etc. (i) B/C is an investment in the land of 3,008 square meters and 883 square meters in the North-gu, North-gu, North-gu, North-gu, North-gu, and the F.83 square meters in the name of C in a joint bid for a successful bid in the name of C/C, and completed the registration of ownership transfer in the name of C on February 23, 2002 with respect to the land of 2 lots, which was awarded the said two lots of land in the G auction procedure in the Daegu District Court Port Branch of the Daegu District Court on February 23, 2002, and completed the registration of ownership transfer in the name of C as to the said two lots of land.
B. The said two lots of land was combined with the said E, 3,891 square meters on March 2, 2002, and again divided into the said E, E, and H on December 12, 200 of the same year. C and D decided to newly construct one parcel of land on seven parcels of land, such as E, I, J, K, L, M, and N, after division.
Article 22(1) of the Civil Act provides that “A person who is subject to a construction permit on December 20, 202 shall be granted a construction permit on or around December 20, 2002, and B shall settle and return the investment funds up to that time, and shall withdraw from the same business.” On December 26, 2012, D and D shall delegate to C the authority necessary for implementing the housing project under the name of D. D shall be paid to C by June 30, 2003, and if delay, D shall pay 2.5 million won to C by adding damages for delay at the rate of 1% per month (hereinafter “instant agreement”). On the same day, D shall prepare a debt repayment contract with the same content as above and withdrawn from the same business.
xD on December 27, 2002, under the name of O as to the above E and J land, under the name of P as to the above I and N land, and after completing the registration of ownership transfer under the name of Q with respect to the above K land, and completed the registration of ownership transfer under the name of Q. On the 30th of the same month, construction permission has been granted in the name of each owner of the above land, and with respect to the above L and M, it is in the name of C to secure the obligation of KRW 250,00