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1. The judgment of the first instance, including a claim that has been changed in exchange for another court and that has been reduced.
Reasons
1. Facts of recognition;
A. 1) As between G on March 19, 2009, the Defendant completed the F building’s construction of the F building (attached Form 1; hereinafter “instant building”) to be built by the Defendant on the E-ground at Namyang-si, Namyang-si.
Of the new construction works, G entered into a contract for construction works with a construction cost of KRW 1.5 billion, KRW 50 million, and KRW 500,000 from March 2009 to June 30, 2009 (three months), and agreed to pay the construction cost within one month after the registration of the building. 2) On August 24, 2009, after entering into the contract, G established a stock company C (hereinafter referred to as “C”) and appointed as its representative.
Since then, all agreements related to the above construction were concluded in C's name.
C completed the instant building around October 2009.
3) As the Defendant was unable to pay the construction cost, it completed the registration of the right to claim ownership transfer on November 13, 2009 with respect to the entire building of this case registered as a general building not an aggregate building, which was registered as a general building, on the same day. B. The Plaintiff’s money lending 1) while the Defendant was unable to pay the construction cost to C, it could borrow KRW 200 million from G to the Plaintiff while it was not paying the construction cost to C, and security was needed.
2) On December 18, 2009, the Defendant: (a) borrowed money from the Plaintiff on December 18, 2009 from the Plaintiff for the purpose of offering as security; (b) No. 102 that will be converted into the registration of the subdivision of the instant building (hereinafter “instant 102
(1) The real estate listed in the separate sheet and the real estate listed in the separate sheet (hereinafter “instant No. 103”).
As to the Plaintiff, a supply contract (No. 3-2 of the evidence A) to sell it to the Plaintiff is prepared, and on the same day, a certificate of personal seal impression for sale (No. 7-3 of the certificate) to which the purchaser is the Plaintiff was issued and issued to the Plaintiff.
The supply contract can not be transferred to another person because it is a pre-sale contract as a special contract.