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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts are acknowledged in full view of each statement of Gap evidence No. 1 to 3 (including branch numbers, if any) and the fact inquiry results of the first instance court to the Ministry of Land, Infrastructure and Transport, and the purport of the entire arguments.
A. On May 29, 2012, the Plaintiff filed a lawsuit against B and C seeking an advance payment of KRW 150 million against C under the joint and several guarantee of B on January 30, 2012, stating that “The Plaintiff paid KRW 150 million to B under the joint and several guarantee of C, and that it shall be returned since it was paid KRW 40 million to B under the joint and several guarantee of C,” and filed a lawsuit seeking an advance payment return with the Seoul Central District Court 2012Gahap516230. On April 2, 2013, the said lawsuit became final and conclusive as “B pays KRW 248,948,200 to the Plaintiff by May 31, 2013.”
B. B’s disposal of real estate indicated in the separate sheet (1) (hereinafter “instant real estate”) was K’s ownership. On April 27, 2006, registration of ownership transfer was completed for L, the Defendant, M, and B’s share on the grounds of inheritance by consultation division on February 9, 2006. (2) B was served on June 12, 2012 in a lawsuit claiming the return of advance payment, and immediately after being served with a copy of the complaint on June 25, 2012, as to 1/4 share of the instant real estate on June 25, 2012 (hereinafter “the instant real estate”), and the Plaintiff’s share of KRW 200,000,000,000,000,000 won and KRW 200,000,000,000,000,0000,000 won and KRW 3674,00,000,000.