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1. The judgment of the first instance, including the claim extended and reduced against Defendant B in the trial room, is as follows.
Reasons
The Plaintiff and Defendant B’s joint purchase of “I land” in the Plaintiff and Defendant B agreed to jointly purchase between the Plaintiff and Defendant B of Gangseo-gu Busan Metropolitan Government J 436 square meters and K 1,025 square meters (hereinafter “I land”) on January 14, 2005, pursuant to the agreement, the Plaintiff entered into a sales contract with the seller as to I land at KRW 1,149,000,000 in the name of the seller in the name of the Plaintiff’s wife, and paid KRW 200,000 (the Plaintiff invested KRW 180,000,000 and KRW 20,000,000,000, respectively) as the down payment for the said sales contract.
Defendant B’s intermediate payment of KRW 300,000,000 as part payment on March 7, 2005 and the same year
5. The remainder of 9.649,000 won is paid to L, and the registration of the ownership transfer of I land was completed under M’s name on the same day, and thereafter, the registration of the ownership transfer was completed on the I land as of June 2, 2005 and August 9, 2005, each of which was made by M as the debtor, and the registration of the establishment of a neighboring mortgage on April 25, 2006, which was made by N as the debtor, was completed. On March 28, 2007, the registration of the ownership transfer was completed under the name of the defendant B, and the registration of the establishment of a mortgage of the maximum debt amount of 1,521,000,000 won was completed.
The plaintiff's wife between the plaintiff and the defendant Eul filed a lawsuit seeking payment of KRW 200,00,000 as part of the settlement amount according to the investment ratio, on February 5, 2010, on the ground that the defendant Eul and the defendant Eul violated the agreement between the plaintiff and the defendant Eul to jointly purchase and dispose of the purchase amount of the I land and to distribute the proceeds therefrom in accordance with the investment ratio. The defendant Eul and the defendant Eul violated the agreement between the purchaser of the original I land and the registered owner of the B to transfer their ownership in the name of E and establish a collateral security right. The plaintiff filed a lawsuit seeking payment of KRW 200,000,000 as part of the settlement amount according to the investment ratio. The above court filed a lawsuit against the defendant Eul and the defendant Eul on February 28, 2005.