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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) was established on October 18, 2012, and operated a business of newly constructing and selling Galet 2, a multi-household 2, a multi-household 2 (hereinafter “instant business”) with the said company as the owner of the building in Kimhae-si and KR as established on March 31, 2014.
B. In the corporate register of C, he/she was appointed as the representative director at the time of its establishment, but resigned on September 3, 2013 and was appointed as the only in-house director on the same day and resigned on March 31, 2014. On the same day, he/she again assumed office as a representative director and an in-house director with L as an in-house director on the same day, but was registered as dismissed on July 23, 2014.
C. From October 2012 to February 2013, the Plaintiff deposited money in the name of the instant business fund from F’s account in the name of F to C.
The Defendant has overall control over the construction site for the instant project.
around December 2013, the Plaintiff and the Defendant drafted the following written statements (hereinafter “the instant loan certificate”).
(2) The sum of the above amounts shall be the investment principal in Kimhae-si, the sum of which shall be 360,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0
1. 1) The due date for sale in lots 2) The contract price received by the debtor;
2. Date of repayment of principal: The amount of principal recovered at the G loan site on December 31, 2014 shall be the difference.
3. Responsibility for joint and several sureties;
4. To prepare other deeds and keep each copy of them.
By December 2013, creditor A debtor B, on December 2013, 2013, set up a residential site by December 20, 2013 (MPT N).
E. On September 24, 2013 and November 13, 2013, the registration of ownership preservation was completed as the instant project, and the registration of ownership transfer or auction was completed for all households under the name of the buyer, etc. from around that time to around 2015.