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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C have maintained a de facto marital relationship by living together from around 1982.
② On June 4, 2013, the Plaintiff filed a lawsuit seeking de facto marriage and division of property against C (hereinafter “instant lawsuit seeking division of property”) with the Ulsan District Court (2103Ddan5640).
B. C’s property 1 on May 8, 1989 (hereinafter “instant apartment”) purchased in its name D apartment No. 3 and 409 (hereinafter “instant apartment”).
The market price of the apartment of this case is 215,00,000 won. The apartment of this case is 108,000,000 won in total with the maximum debt amount, and the right to collateral security, which is the national bank of the mortgagee, is established. The sum of the secured debt of this case is 82,652,933 won in total.
② On July 31, 1995, C purchased the land listed in the separate sheet in its name, and operated a restaurant by putting the provisional building on that ground.
(1) On November 29, 201, C leased the instant building, among the instant real property, at KRW 50,000,000, monthly rent of KRW 1,200,000, to Korea LAsaw Co., Ltd., and on May 31, 2012, C completed the right to collateral security (the maximum debt amount of KRW 50,00,000,000) with respect to the instant real property.
The market price of the instant real estate is 315,076,300 won.
C. On June 25, 2013, the sales contract ① and the Defendant concluded a contract for the sale of the instant real estate in KRW 288,000,000 as a broker of E.
(hereinafter “instant sales contract”). The instant sales contract was drafted on June 26, 2013.
According to the instant sales contract, the payment of KRW 50,00,000 out of the purchase price was to substitute for the Defendant to take over the obligation of the rental deposit for commercial buildings. The Defendant paid the down payment of KRW 30,000,000 on June 25, 2013, and the remainder of the purchase price was paid on June 26, 2013.
② As to the instant real estate, the Defendant.