beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Seoul Seodaemun-gu Seoul, Seodaemun-gu, D, E each land and each building on the above land (hereinafter “instant real estate”) were owned by Nonparty 1 F.
The F died in around 1995, and the Plaintiff, Defendant, and G completed the registration of transfer of ownership due to inheritance by consultation and division on December 7, 1995, the Seodaemun District Court Decision 35869, which was received on December 7, 1995.
(1/3 of each share). (b)
G completed the registration of transfer of ownership based on sale on July 19, 200, No. 23465 of the above registry office, as to his one-third share, to the Defendant on June 21, 2000.
(hereinafter “instant transfer registration”). C.
The Defendant completed the registration of ownership transfer for 2/9 shares to Dong residents H on February 20, 2003 with the above registry office No. 6409, Jan. 6, 2003, and H completed the registration of ownership transfer for 2/9 shares as to the above 2/9 shares to the Plaintiff on March 19, 2014, No. 8770, Mar. 18, 2014.
E. On April 30, 2014, the Plaintiff obtained a loan of KRW 1.5 billion from I Co., Ltd. (hereinafter “I”) and completed the registration of creation of a neighboring mortgage with respect to the entire portion of the instant real estate as collateral, which is KRW 1.95 billion with the maximum debt amount.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 5 to 9, the purport of the whole pleadings
2. The parties' assertion
A. Of the shares transferred to the Defendant by the Plaintiff’s assertion for the transfer of ownership, 2/9 shares are title trust to the Defendant as G is difficult to implement its business.
Around March 2014, the Defendant agreed with G to purchase the above 2/9 shares in KRW 600 million.
Upon request of the Defendant, the Plaintiff borrowed KRW 1.5 billion from I on behalf of the Defendant, and paid KRW 400 million to G on May 16, 2014 and KRW 200 million on December 10, 2014.
However, the defendant shall either acquire or repay the plaintiff's above 60 million won loan obligations or repay the plaintiff's loan to I.