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Reasons
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(영문) 서울고등법원 2014.10.29 2014나2002936
근저당권말소
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1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. Defendant B shall each be listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 26, 2012, the Plaintiff, as the owner of each of the real estate listed in the separate sheet used for the Moel (hereinafter “the instant Mour”), made an oral contract for the instant Mour to D, who is the husband of Defendant C, for the cost of remodeling construction of the instant Mour, KRW 750 million (excluding value-added tax; hereinafter the same shall apply) and paid the down payment to D on the same day.

On May 24, 2012, F was established as an internal director and Defendant C as an auditor, and on June 27, 2012, the Plaintiff and “E company F” (Therefore, there is room for controversy over whether the contractor is D, F, and E, but for convenience, the contract document (a) was prepared between the Plaintiff and the Plaintiff and the E company F as of June 27, 2012.

B. On August 7, 2012, D and Defendant B entered into a partnership agreement with the following contents.

D and Defendant B shall allocate the franchise of this case to the following persons at the time of remodeling, operation, and trade:

1. The total remodeling costs shall be KRW 750,000,000,000,000 and among which the above defendant pays KRW 300,000,000 and the remainder shall be paid by D.

2.The operations and sales shall be equally divided among all others, including interest, monthly income, and public imposts, and net profits.

3. In the case of sale, the remainder of the profits except 1.85 billion won per building owner shall be divided equally into D and the above defendant.

C. On August 27, 2012, the Plaintiff concluded a lease contract between the Defendants and the Defendants by setting the lease deposit of KRW 300 million, KRW 14 million per month, KRW 14 million per month (for three months after opening the business), and September 20, 2014, with the term of September 20, the Plaintiff entered into the said lease contract. Paragraph (2) of the terms attached to the said contract, excluding KRW 300 million from the construction cost of KRW 750,000,000, KRW 400 million as the contract deposit by the lessor, excluding KRW 30,000,000,000,000 as the contract deposit.

8. The payment shall be made 28.2, and the remainder of 360 million won shall be paid on the following day following the receipt of a compensation for the G land owned by a lessor.

[Attachment].]

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