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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽5, 8, 9, 12호증의 각 기재, 갑 13호증의 일부 기재, 변론 전체의 취지 D, E, 피고 B은 2010. 7.경 공동으로 별지 부동산 목록 기재 부동산(이하 ‘이 사건 부동산’)을 매수한 후, 펜션 신축 등으로 개발하여 개발이익 또는 시세차익을 나누기로 하였다.
D On July 12, 2010, F purchased the instant real estate from F in the purchase price of KRW 1,143,680,000, and the down payment of KRW 350,000,000, the remainder of KRW 793,680,000 on the date of the contract, and the remainder of KRW 793,680,000 on August 9, 2010, entered into a contract under which the ownership of the said real estate is transferred to D, E, and Defendant C’s joint name (hereinafter “instant contract”).
D As the price for the instant sales contract, E paid the total of KRW 345,70,000,000 on July 12, 2010, KRW 138,500,000 on August 9, 2012, and KRW 345,70,000 on September 2, 2010, and KRW 15,000,000 on July 12, 2010, KRW 174,678,717 on August 9, 2010, KRW 32,378,717 on September 6, 2010, respectively.
D paid KRW 350,000,000,000 from E and Defendant B on July 12, 2010 to F as the instant sales contract amount (However, the said amount was paid to G on behalf of F).
D On August 9, 2010, with the debtor as the debtor, borrowed KRW 400 million from the Seocho-si Forestry Cooperatives, and paid the balance of the instant sales contract with the loan and the money received from the E and the defendant B.
Of the instant real estate, the registration of establishment of a mortgage-based forest cooperative, debtor D, and maximum debt amount of KRW 520 million was completed with respect to the instant land in the name D, while with respect to shares of KRW 1463/47260, Defendant C, and with respect to shares of KRW 1323/47260, the registration of establishment of a mortgage-based forest cooperative, debtor D, and maximum debt amount of KRW 520 million was completed on August 9, 2010 in the name of E.
Of the instant real estate, the name of D 19574/47260 shares in the name of D, and the name of the Plaintiff on December 6, 2012.