1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The plaintiff, the defendant B, and D are simple siblings, and the defendants are married with each other.

B. D, around February 2004, donated the land of Chungcheong Budget Group F in the name of father E, and newly constructed a telecom (hereinafter “instant telecom”) on the ground.

C. D around February 2008, as a result of management difficulties due to various monetary obligations, including loans provided as security and received by the instant franchise, it was placed in the situation where a third party should dispose of the said franchise.

Therefore, the Plaintiff, who had been living in the vicinity of D and the parents of D, opposed to the disposition of the above Moel to a third party who is not a family member, actively recommended the Defendants, who had been living in Seoul at the time, to explain the circumstances of D and to take over and operate the above Moel. The Defendants decided to take over the operation of the instant Moel.

The Plaintiff and the Defendants jointly borne the acquisition fund of the instant telecom. The Plaintiff was equivalent to KRW 131,215,870, and the Defendants borne KRW 171,278,952.

The Plaintiff and the Defendants did not agree separately on the share of the instant telecom, the distribution of profits, etc. according to the aforementioned joint burden.

E. At the time, the instant telecom, each of which is KRW 585 million with the maximum debt amount, was set by the first priority mortgage in the name of the sloping Credit Cooperative and the saduk Credit Cooperative, and the second priority was set by the mortgage in the name of the future mutual savings bank in the name of the company with the maximum debt amount of KRW 156 million, and the second priority was set by the mortgage in the name of G with the maximum debt amount of KRW 45 million, and the said future mutual savings bank and G were cancelled on April 4, 2008 and August of the same month in the course of purchasing the said telecom.

F. The Defendants, upon acquiring from D on May 6, 2008, operate the instant telecom.