beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found to be of no dispute between the parties, or to be recognized by comprehensively considering the purport of the entire pleadings in each entry in Gap evidence 1 to 3, Eul evidence 1 to 3:
A. C and D (hereinafter referred to as “in the case of the foregoing two together”), purchased an officetel of 40 households (hereinafter referred to as “instant real estate”) under auction process with the Seoul Western District Court E, and agreed to jointly operate the business of selling it, but the external legal act was to be done in the name of D.
B. On July 11, 2005, the original defendant was requested to lend 200 million won as the bid bond is insufficient to purchase the instant real estate which is being sold by auction from the Nonparty. On October 10, 2005, the original defendant loaned KRW 200 million between D and D with the due date of repayment set at KRW 160 million. To secure the original defendant's loan claims, D has issued a promissory note with the original defendant with a face value of KRW 360 million in face value. ② If the instant real estate is awarded a successful bid in D name, the ownership transfer registration is completed, and at the same time, an agreement was made with the original defendant to register the establishment of the mortgage amount of KRW 360 million with the maximum debt amount of KRW 360 million.
C. On July 12, 2005, the original defendant delivered a total of KRW 200 million to C, and the plaintiff bears KRW 130 million among them, and the defendant bears KRW 70 million each, and C representing D has issued and delivered one copy of the original defendant at its face value of KRW 360 million, payment date, October 10, 2005, and the beneficiary promissory note of the defendant (hereinafter "the Promissory note of this case") with respect to the said promissory note as a notary public at law firm No. 01467 of the Seo-gu General Law Office 2005.
D The real estate of this case was awarded at the above auction procedure and the sale price was paid in full on November 23, 2005.