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1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On November 10, 2012, E entered into a de facto marital relationship, on November 10, 2012, under the name of F, which was in a de facto marital relationship, E is the second floor building D above that is jointly owned by the Defendants from the Defendants. (hereinafter “instant building”).
3,500,000 won per month for lease deposit (hereinafter “the first lease”) with respect to the lease deposit (hereinafter “the first lease contract”)
2) On February 7, 2013, E concluded a contract for the installation of the instant building with G Co., Ltd. (hereinafter “G”) in the name of F to KRW 120,000,000, and paid KRW 70,000 among the lease deposit. 2) E concluded a contract for the installation of the instant building on January 7, 2013. G completed the construction of the said facilities around the beginning of February 2013. E commenced a retail trade, such as food and miscellaneous, in the name of “HE” (hereinafter “the instant E”), from the instant building on February 7, 2013.
On the other hand, on December 3, 2012, F borrowed one promissory note (a promissory note issued and delivered as a check for loans to I; hereinafter “the Promissory note in this case”) with the face value of KRW 120,000,000 from I, and the due date of April 30, 2013, which was issued and delivered as a check for loans to I; hereinafter “the Promissory note in this case”) and paid to G as the said construction price, and I made an authentic deed of a monetary loan agreement equivalent to the same amount.
B. The second lease agreement 1) E wishes to transfer the instant marina due to the lack of time to start the instant marina, and to make it difficult to operate the instant marina. Around March 2, 2013, the following details are as follows: (a) as a result of the discussion with the M, G’s director, N, and F, who lent the instant promissorysory note to I, I, and J, who is the seat of I, to acquire the instant marina, M shall invest KRW 20 million, J shall not make a proposal to pay the instant marina; and (b) G shall make a sales contract with I on the instant marina.