Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) B acquires ownership of the portion of exclusive ownership among the Plaintiff’s instant real estate 1) is each real estate listed in the separate sheet No. 1 (hereinafter “1 real estate, etc. of this case”) in the order of the attached sheet No. 1.
(2) On January 20, 2014, the Plaintiff is the owner of each of the instant real estate, and on January 20, 2014, the ownership preservation registration was completed in the name of B and the Plaintiff with respect to the section for exclusive use among the instant real estate, and each of the remaining sections for exclusive use among the real estate was completed in the name of B.
B. B’s joint agreement and establishment of a right to collateral security between B and D are limited to D (hereinafter “D”) around January 17, 2014.
B B) An urban residential housing development project (hereinafter “instant development project”) located in Pyeongtaek-si P from D
(i) a joint agreement to pay a total of KRW 1.2 billion to D, including a total of KRW 400,000,000 upon investment of KRW 80,000 for the purpose of project costs (hereinafter referred to as “instant joint agreement”).
B) At the same time as the instant joint project agreement, B entered into a mortgage agreement with the intent to set up a maximum debt amount of 1.2 billion won with respect to the section for exclusive use (1/2 share in the instant real estate) of each of the instant real estate for D, and concluded a mortgage agreement with the Suwon District Court as the receipt of No. 2884 on January 20, 2014.
3) B repaid KRW 400 million out of the secured debt of the said right to collateral security to D from October 14, 2013 to November 13, 2013. (c) The Plaintiff, on February 20, 2014, donated to B the share of 1/2 with respect to the portion of exclusive ownership among the instant 1 real estate, and completed the registration of transfer of shares in the future of Suwon District Court No. 8515, Feb. 21, 2014.
2. B and D are the part concerning the first real estate of this case among the secured property of the establishment registration of the neighboring mortgage of this case on February 20, 2014.