투자금반환 등
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The Plaintiff and D are married couple (hereinafter referred to as “Plaintiff couple”), and Defendant B and Defendant C have a friendly relationship between the Plaintiff couple and the Defendants.
B. On December 24, 2002, the Plaintiff couple and the Defendants purchased the land at KRW 157,000,000 and completed each registration of transfer of ownership with 1/2 shares in the Plaintiff’s future and 1/2 shares in the Defendant C’s Dong-gu E, Busan, Gangseo-gu (hereinafter “instant land 1”) and 2,846 square meters in total due to the division and land category change. Since then, the registration was completed with 157,526 square meters in total.
C. On August 18, 2004, the Plaintiff couple and the Defendants sold the instant land on August 18, 2004 by deciding to sell the instant land and make an investment in another real estate. Around that time, they purchased KRW 280,000,00 of the purchase price of KRW 13,223 square meters of forest land G-gun, Busan (hereinafter “instant land”). At the time of purchase, the Plaintiff couple and the Defendants did not register the ownership of the instant land under the name of Defendant C because the instant land was located in the land transaction permission zone, and completed the registration of the ownership transfer of the instant land under the name of Defendant C on February 9, 2009.
On the other hand, on July 18, 2011, the Plaintiff couple prepared a written waiver as shown in the separate sheet (hereinafter “instant waiver note”) to the Defendants. On the same day, the Defendants paid KRW 95,000,000 to the Plaintiff couple’s share in the land No. 2.
E. The value of the instant land No. 2 as of January 1, 2011 is KRW 207,601,100, and the value as of November 14, 2017, which is close to the date of closing the argument of the instant case, is KRW 425,780,60.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including a branch number if a branch number is included; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and appraiser H.