beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 29, 2013, the Plaintiff and Defendant C purchased the land listed in paragraph (1) of the attached Table of Real Estate List (hereinafter “instant land”) and newly constructed a building listed in paragraph (2) of the same Table (hereinafter “instant building”) and entered into a partnership agreement to operate a restaurant (hereinafter “instant partnership agreement”). The share of ownership was set at 1:1.
B. According to the instant trade agreement, the Plaintiff and Defendant C purchased the instant land from D on August 21, 2013 from KRW 1,000,000,000 for purchase price, and completed the registration of ownership transfer with each share of KRW 1/2 on October 7, 201 of the same year. The purchase price was ① the Plaintiff and Defendant C completed the registration of ownership transfer with each share of KRW 840,000,000 borrowed from the National Bank of Korea after completing the registration of creation of a mortgage on October 7, 2013, which is the maximum debt amount of KRW 840,000,000, and ② the Defendant B and E, the parents of Defendant C, created a pledge on each of their own deposit claims, and paid KRW 300,00,000 borrowed from each of them.
C. As the building permit of the petitioner group for the construction of the instant building was made on October 18, 2013, the Plaintiff and Defendant C awarded a contract to GF management of the instant building for KRW 910,00,000 of the construction cost (value-added tax separate) to GF on October 24, 2013. The said construction cost was paid as a loan granted by Defendant B for real estate owned as collateral.
(The plaintiff and the defendant C performed part of the construction of the above building directly, and the construction cost appears to have been paid by the defendant B. However, there were disputes over the amount and objective data to confirm it. D.
Meanwhile, the Plaintiff and the Defendants concluded an agreement with the following terms (hereinafter “instant agreement”) on October 30, 2013 when the Plaintiff and the Defendants transferred ownership of 1/2 shares in the Plaintiff’s name among the instant land to Defendant B, and entered into an agreement on October 30, 2013: