투자금반환청구의 소
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. D and the Defendants, around April 7, 2015, completed the registration of ownership transfer on the ground of sale on January 25, 2015, 2015 with respect to D 1/2 shares in the land and the second floor buildings of Dongdaemun-gu Seoul Metropolitan Government E and the second floor buildings (hereinafter “instant real estate”).
B. On February 14, 2017, Defendant C took out a loan of KRW 270 million from the F Association, and D and the Defendants completed the registration of the establishment of a mortgage over KRW 351 million with respect to the instant real estate in the future of the F Association on the same day.
C. On February 20, 2017, the Plaintiff and the Defendants, as D’s children, obtained profits from the use of the instant real estate as collateral for five years in the business of purchasing, leasing, disposing of, etc. the instant real estate from the FF association. The Plaintiff made an investment in the manner that the Plaintiff is liable for the repayment of each of the said loans amounting to KRW 135 million, the total amount of KRW 675 million, and KRW 270 million among the Defendants, and the total amount of KRW 270 million, and the amount of the proceeds from the investment is divided according to the ratio of investment. The head of the passbook for the loan shall be divided into KRW 270 million, and the head of the Tong shall be kept by Defendant C, and the physical card shall be kept by Defendant B, respectively.
(hereinafter “instant trade agreement”). D.
The Plaintiff and the Defendants used KRW 100 million out of the above loans by lending KRW 100 million to G around February 20, 2017. In short, the Plaintiff did not repay KRW 18.5 million out of the above loans for personal purposes. D, the owner of the instant real estate, which is the security of the said loans, and the Defendants paid KRW 120 million out of the above loans to the F Association on July 11, 2017, and changed the maximum amount of claims for the registration of creation of a neighboring real estate to KRW 195 million.
E. The Defendants recovered KRW 125 million from G around December 22, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 10, Eul evidence Nos. 1 and 2 (including each number), the whole pleadings.