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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant, on April 28, 201, was the owner of the Gyeonggi-do Yangyang-gun C Forest and 3,306 square meters (the registration of ownership transfer was made in the name of the Defendant on the grounds of partition of co-owned property on September 4, 2000). The said land was divided into 652 square meters in Yangyang-gun, Gyeonggi-do (the sale to a third party on February 13, 2012), 750 square meters in the D Forest, 758 square meters in the E forest, 658 square meters in the E forest, 658 square meters in the F Forest, 258 square meters in the forest, G forest and 258 square meters in the forest, and 330 square meters in the forest and h330
Around May 2010, a developer found the defendant and proposed that I would develop the land of this case into a electric source housing complex (hereinafter "the project of this case") with the initial construction cost of KRW 150 million,000,000 as a security of the land of this case, and that the defendant would be 350 square meters out of the electric source housing complex created by the defendant. The defendant, who had no knowledge of the electric source housing project, had been living and living in the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city
In accordance with the above proposal, on May 28, 2010, the Defendant completed the registration of creation of a mortgage on the land of this case with the maximum debt amount of KRW 200 million, the debtor, the debtor, and the mortgagee of the right to collateral security.
On the other hand, on May 27, 2010, I prepared a written confirmation stating that “The construction of civil engineering and complex construction of the instant land shall be responsible, and the safety accidents and civil petitions shall be confirmed to be responsible on the side of the contractor without asking the Defendant any responsibility.”
However, I paid only part of the 150,000 won borrowed from J as construction cost, and used the remainder for other purposes.
On the other hand, I subcontracted the instant construction work to K, and K around October 2010, K was engaged in the construction business under the trade name of L, and in fact, the Plaintiff and the Plaintiff’s model M are awarded a subcontract) during the instant construction work.