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1. The plaintiff's conjunctive claim is dismissed by this court.
2.In exchange for this Court.
Reasons
1. The assertion and judgment
A. On February 1, 2016, the Plaintiff: (a) borrowed KRW 30 million, upon receiving a request from C to purchase the purchase fund of KRW 294.4m2 (hereinafter “instant land”); and (b) on November 8, 2016, the Defendant drafted each lease contract (hereinafter “each of the instant lease agreements”) with each lessor, lessee, and lease deposit amounting to KRW 15 million among the studio constructed on the instant land for the purpose of guaranteeing the payment of the said loan.
Therefore, as a guarantor of C, the Defendant is obligated to pay KRW 30 million to the Plaintiff as a guarantor.
B) Preliminaryly, the Defendant is registered as the owner of a multi-household housing building constructed on the instant land and its ground. However, most of the purchase price of the instant land and the construction funds of the said building are borne by C, and the Defendant is merely a title trustee. The above title trust agreement between the Defendant and C is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and accordingly, the Defendant is obligated to return the above purchase price and the amount equivalent to the construction cost to C as unjust enrichment. Since the Plaintiff has a loan claim against C, the Plaintiff is obligated to recover the amount equivalent to KRW 30 million. Thus, Defendant C was not borrowed KRW 30 million from the Plaintiff on behalf of the Plaintiff, and Defendant C was not able to receive KRW 30 million from the Plaintiff, and thereafter, C was fully returned at the Plaintiff’s request for the return of the Plaintiff’s investment amount.
B. (1) Determination as to the primary claim is 1), Gap evidence Nos. 1, 3 through 13, Eul evidence Nos. 2 and 3 (including virtual numbers). In full view of the overall purport of the pleadings, C in a de facto marital relationship with the defendant shall newly construct a multi-family house on the instant land around February 2016 and sell it in lots.