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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. The reasoning of the judgment on the Plaintiff’s primary claim, such as accepting the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence
In addition, with respect to the preliminary claims added by the plaintiff at the trial, the following judgments shall be added.
2. Judgment on the plaintiff's conjunctive claim
A. At the time of establishing the instant building on December 9, 2014, the Defendant and his husband, including the Defendant and E (hereinafter referred to as the “Defendant’s side”), agreed that the Plaintiff was fully repaid the Defendant’s obligation to pay the amount of the instant collateral security to the Plaintiff and extinguished the said obligation. However, the procedure was delayed and did not have been cancelled. Furthermore, the agreement was concluded that there was no harm to the Plaintiff’s interest, which was either demanded to distribute the instant collateral security or acquired the instant collateral security by additionally receiving the instant collateral security loan from the Defendant’s side. The agreement included a return agreement that the Defendant would return the amount to the Plaintiff when receiving dividends by using the instant collateral security. Accordingly, the Defendant is obligated to return KRW 128,370,850, which was distributed from the instant auction procedure in accordance with the said agreement.
B. Since there is no evidence to acknowledge the fact that the Plaintiff and the Defendant agreed as alleged by the Plaintiff, this part of the Plaintiff’s assertion is without merit.
3. In conclusion, the plaintiff's main claim and additional conjunctive claim are all dismissed as they are without merit. The judgment of the court of first instance as to the plaintiff's main claim is just as it is concluded. Thus, the plaintiff's additional conjunctive claim in the plaintiff's appeal and the court of first instance are dismissed as it is without merit. It is so decided as per Disposition.