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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1, No. 3-1 to 3, and Evidence No. 4 by integrating the whole purport of the pleadings. A
Defendant B leased from the Plaintiff, the F apartment No. 109, 704, 700,000 won for lease deposit, which was owned by the Plaintiff (hereinafter “instant apartment”). Defendant B leased from the Plaintiff, the Plaintiff owned KRW 50,00,00,00, and completed the registration of ownership transfer of the instant apartment on January 13, 2005, according to the title trust agreement with the Plaintiff.
B. Meanwhile, the establishment registration of a neighboring mortgage, which was completed with respect to the apartment of this case, was revoked on the date of the transfer of ownership, etc. The maximum debt amount of 240,000,000 won, the debtor, and the debtor, Busan Bank Co., Ltd., was revoked. Instead, the establishment registration of a neighboring mortgage, which was the debtor G (the husband of the defendant B), and the national bank of the mortgagee Co., Ltd., was revoked on January 18, 2008. On January 11, 2008, the establishment registration of a neighboring mortgage, which was completed on the date of the transfer of ownership, was revoked. The establishment registration of a neighboring mortgage, which was the national bank of the debtor B and the mortgagee Co., Ltd., the debtor, was completed on January 11, 2008.
C. After that, around January 2009, Defendant B entered into an agreement with the Plaintiff and G to return to the Plaintiff the remainder after deducting the above lease deposit and the secured debt of the instant right to collateral security (hereinafter “instant agreement”) in the event that the instant apartment is sold in the future due to the failure to facilitate the progress of the same project in the Eastern Cropied City, which was promoted by the Plaintiff and G with the Plaintiff.
In addition, upon the Plaintiff’s request for sale, Defendant B sold the instant apartment at KRW 262,00,000 to H on October 9, 2009 as a broker of Defendant D, a licensed real estate agent (hereinafter “instant sales contract”), and completed the registration of ownership transfer for H on December 18, 2009.
E. Meanwhile, at the time of the instant sales contract.