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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On September 18, 2009, the Defendant entered into a contract for construction works with B and C, each of which has one-half shares of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) on September 18, 2009 (the actual owner of the instant land and building was in de facto marital relationship with B), and the additional construction for completion of the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”), which was in a state of de facto completion at the time, was the construction cost, and completed the said construction work on January 201, 2010.
In addition, on February 1, 2010, the defendant ordered the completion inspection of the building of this case to be completed.
B. However, on January 15, 2010, the Defendant did not receive the construction cost, and C agreed to pay the Defendant the instant construction cost of KRW 1,530,000,000, additional construction cost of KRW 130,000,000, total amount of KRW 1,660,000 to the Defendant as land owner and building owner, but, in order to obtain the loan, C changed the name of the owner in the name of the hospital president F, and C did not raise any objection even if the Defendant did not have the right of retention and possession.
In addition, on August 25, 2010, C sold its shares among the land in this case to R, his spouse, and completed the registration of ownership transfer to R on September 9, 2010.
C. Meanwhile, around February 23, 2010, G opened the hospital in the instant building under the name of F, a doctor, and completed the registration of initial ownership on May 19, 2010.
With respect to the instant land, on November 9, 2010, the Changwon District Court Dro branching Jinwon Branching Dro (Dam mortgagee S) and the building of this case, on November 22, 2010, Jinwon District Court Jinwon Branch Ero (TW) shall sell each real estate on the instant land.