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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. As to the land in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”) and its ground buildings, the Defendant completed the registration of ownership transfer on April 21, 2001, and completed the registration of ownership transfer on the ground of donation to Diplomatic Association on March 17, 2008 (hereinafter “Diplomatic Association”). On October 15, 2014, Diplomatic Association completed the registration of ownership transfer on the ground of sale as to each of its 1/2 shares.
B. On September 16, 2014, the Plaintiff and the Defendant jointly assumed construction expenses and concluded a partnership agreement with the Plaintiff to divide profits by 50%, deducting the investment amount and expenses after constructing and selling residential buildings on the instant land.
(hereinafter referred to as the “instant trade agreement” and the subsequent building construction and sales business are referred to as the “instant trade partnership business”).
At the time, on October 27, 2014, the Plaintiff and the Defendant obtained a loan from E Association (hereinafter “E Association”) with the Plaintiff’s debtor on the instant land and its ground as collateral because the Defendant’s credit standing is not good, and repaid the secured debt of the right to collateral security established on the instant land prior to the instant Dong business agreement. On April 14, 2015, the Plaintiff newly constructed a five-story multi-household house (hereinafter “instant aggregate building”) composed of 8 households (hereinafter “instant apartment building”) and each section of exclusive ownership constituting the instant building is jointly owned by the Plaintiff and the Defendant, with the share of 1/2 shares.
On May 15, 2015, the Plaintiff provided the instant building F, G, H, I, J, K, and L as joint collateral, and repaid the existing obligations with loans of KRW 1.2 billion from MM associations (hereinafter “M associations”), and sold the remainder of the heading except the N and H of the instant building, and repaid part of the loans of M associations.
E. On March 2016, the Plaintiff is Seoul under the Defendant’s name as the Defendant’s child.