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(영문) 부산고등법원(창원) 2014.12.04 2013나20765
소유권보존등기말소 등 청구의 소
Text

1. The plaintiff's main claim and the conjunctive claim that are changed in exchange at the trial are all dismissed.

2...

Reasons

1. Basic facts

A. On November 10, 2009, the Defendant entered into a contract with Nonparty E for the purchase of KRW 248 million for the F warehouse site in Gyeongnam-gun, Chungcheongnam-gun and KRW 1699 square meters in G 350 square meters in total (hereinafter “instant land”).

(A) On January 25, 2010, the Defendant completed the registration of ownership transfer on the instant land.

B. On March 2010, the Defendant entered into a contract between the Plaintiff and the Plaintiff under which the Defendant newly constructed the 19 household unit on the instant land (hereinafter collectively referred to as “instant loan”) with the construction period from April 1, 2010 to October 31, 2010, giving a contract for construction cost of KRW 1.3 billion (value-added tax separate), and the contractor entered into a contract for the said contract (hereinafter referred to as “instant contract”). The contractor, in the form of the said contract, was a Vietnam comprehensive construction company. The Plaintiff without a construction business license, without any comprehensive construction business license, leased the contractor’s name from the said company to prepare the said contract.

C. The Plaintiff: (a) performed the duties of purchasing materials and paying wages for the instant loan construction; (b) Nonparty I (the Plaintiff’s husband at the time) performed the duties of direction, supervision, etc. of construction business operators as the site manager of the instant loan construction site; and (c) H, his father, was in charge of accounting.

From July 5, 2009 to July 2, 2011, the Defendant paid the Plaintiff a total of KRW 916,325,000,00 to the Plaintiff. The Defendant loaned KRW 210,000,000 to the Plaintiff on April 23, 2010 and paid KRW 200,000,000 to the Plaintiff with the instant land offered as security from the Ko Young Livestock Agricultural Cooperative.

E. Upon completion of the instant lending on August 31, 201, the Defendant completed the registration of the ownership site right corresponding to each household of the instant lending with respect to the instant land on August 31, 201, and registered the ownership preservation in the future of the Defendant as to each household of the completed condominium buildings (hereinafter the instant land and the instant lending, collectively referred to as the “instant real estate”).

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