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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Investment and provisional registration 1) C based on the investment agreement is an investment 104 dong, 105 dong, 105 dong (hereinafter “104 dong,” and “105 dong”).
(2) The Defendant, G, and F agreed to invest funds and distribute profits equally (hereinafter “instant club business agreement”), and the introduction of H, the Plaintiff’s wife, thereby investing the funds to C and then converting the investment funds into loans.
On April 12, 2005, after the completion of the construction of the apartment house in question and the completion of registration of preservation of ownership, the defendant completed the registration of the right to claim ownership as to the above bonds, with respect to the 105-dong non-01, 101, 102, 201, and 202 (5 households), G as to the 104-dong non-01, 101, 301, 401 (4 households), and F as to the 104-dong non-02, 102, 402 (3 households).
3) On April 1, 2005, the Defendant, G, and F agreed that “In the event that C does not fully repay the obligation within one month, the loans may be collected by arbitrarily disposing of the said 12 households that the Defendant, G, and F completed the provisional registration, and, if there is any security to repay the obligation, the repayment of the obligation would first be transferred to H.” The Defendant, G, and F sold the remaining 11 households except the same 104 Dong non-02 from among the 12 households that completed the provisional registration, and appropriated the claim. (b) As to subparagraph 105 Dong102, registered under the Defendant’s name, the Defendant completed the registration of ownership transfer under the Plaintiff’s name, and completed the registration of ownership transfer as a collateral, and completed the registration of ownership transfer as a part of the investments made under the said 105 Dong102 and 102, and on July 28, 2005, the Plaintiff 105 Dong105 and the said maximum amount of debt shall be transferred to H.