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1. The plaintiff's primary claim is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In around 203, the Plaintiff, C, and D agreed to purchase the purchase price of KRW 1260,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000
(hereinafter referred to as “the instant land.” The Plaintiff and D invested each KRW 150 million in order to do so, and the remaining funds were to be borne by C.
B. On August 19, 2003, when the Plaintiff did not attend, C, which was delegated by the Plaintiff, concluded a sales contract to purchase the instant land in the name of the Plaintiff and D with the purchase price of KRW 654 million, and completed the registration of ownership transfer with the Plaintiff as one-half shares, respectively.
C. Around May 2006, the Defendant purchased C’s share in the instant land from C in the amount of KRW 430 million.
At the time of concluding a sales contract between the Defendant and C, the Plaintiff and D were also at the site, and their names and seals were recorded in the seller column of the sales contract between the Defendant and C.
In around 209, the Plaintiff, the Defendant, and D agreed to borrow the instant land as collateral and construct a building on the instant land and receive rent, and the ownership of the building is equal to 1:1:1, and if the land and the building are sold later, the sales price shall be distributed.
Accordingly, on March 4, 2009, the Defendant received a loan from the Defendant under the name of the Defendant as collateral and constructed a building on the land attached to the above E (hereinafter “instant building”) with the said money, and completed registration of preservation of ownership in the name of the Defendant alone on August 13, 2009.
[Grounds for recognition] Gap 1, 2, 3, 6, 7, Eul 3, Eul 3, Eul's testimony, Eul's testimony, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff and D agreed with C to purchase the instant land by jointly investing the funds with C, and C was based on the premise that it subsequently performed its investment.