beta
Text
1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:
Defendant.
Reasons
1. Basic facts
A. C and D entered into a contract for building construction works with F on December 26, 2002 in order to construct a building on the ground of two lots, including Dong-gu, Busan, Dong-gu, Busan, where they were jointly owned, and F further subcontracted the building construction works to G.
B. At around 2003, G completed H lending, a multi-family housing of the fifth floor above the ground (hereinafter “instant building”) on each of the above lands, but did not receive the construction cost. As such, G exercised a lien on the instant building.
C. After that, while the procedure for compulsory auction for the instant building was in progress, the Plaintiff, the representative director of G, a stock company, who was exercising the above lien, was trying to participate in the procedure for compulsory auction and be awarded a successful bid for the instant building, but it was difficult to obtain the bid for the instant building on the grounds of bad credit standing. On July 27, 2010, the Plaintiff prepared a “statement of performance of the real estate authority” containing the purport that “The instant building is owned by Defendant B, but the Plaintiff is in full exercise of the authority as the owner of the instant building, such as the sale, mortgage, establishment of a right to collateral security, lease on a deposit basis, and transfer of ownership on the instant building, instead of Defendant B, but the Plaintiff faithfully waives the above lien.”
Defendant B received a successful bid of KRW 317,020,000 for the instant building during the compulsory auction procedure on August 3, 2010, and completed the registration of ownership transfer in his name on October 1, 2010.
E. On October 1, 2010, Defendant B loaned KRW 237,000,00 under the name of the J, one’s wife, at the Central Saemaul Depository of the Republic of Korea, and as a security therefor, the maximum debt amount is KRW 308,100,000 with respect to the building in this case, and the debtor J, and the mortgagee completed the registration of the establishment of the neighboring Saemaul Depository, which is the Central Saemaul Depository of the Republic of Korea.
F. Defendant B added to the above loans of KRW 237,00,000,000 and the above awarded amount.