beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the claim for settlement related to C land
A. The Plaintiff and the Defendant changed from D to Kim Jong-si E ( Nov. 23, 2004, Nov. 23, 2004) around February 1997
(2) On March 6, 1997, the Plaintiff and the Defendant’s mother (parent) purchased 3858 square meters prior to C, and registered the transfer of ownership on the ground of “trade on May 26, 1997,” with respect to the said land owned as D, the registration of the establishment of a neighboring mortgage, which is the maximum claim amounting to KRW 140 million, the debtor G (the Defendant’s mother), and the joint mortgagee’s relationship. (2) On June 2, 1997, the Plaintiff and the Defendant’s mother (parent) completed the registration of the transfer of ownership on the ground of “trade on May 26, 1997.”
3) On September 29, 1997, the Plaintiff sold 1002/38 of the share out of the above land to I for the registration of the establishment of a neighboring mortgage consisting of KRW 75 million with respect to his share among the above land on June 12, 1998, and completed the registration of the ownership transfer on August 1, 1998. After cancelling the registration of the establishment of a neighboring mortgage on August 31, 1998, H for the registration of the ownership transfer on the ground of 927/38 of the share out of the above land on August 14, 1998, due to the “sale on August 14, 1998,” H for the co-ownership of co-owned land on September 14, 1994.
5) On January 3, 2004, H sold C land to J on January 9, 2004, and completed the registration of ownership transfer on January 9, 2004. [The fact that there is no dispute over the grounds for recognition, entry in Gap evidence 1 through 5, and the purport of the whole pleadings.]
B. Plaintiff 1) The Plaintiff and the Defendant jointly purchased and disposed of the land C and divide profits therefrom. Around February 1997, the Plaintiff and the Defendant concluded a contract to purchase land C in the name of the Plaintiff and one other, and the Plaintiff first borne KRW 25 million out of the price of KRW 225 million. 20 million around March 1997. 2) The Defendant owed KRW 100 million out of the remaining price of KRW 200 million, and the remainder KRW 100 million was set up in both villages and Nonghyup with respect to land C as collateral.