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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On August 2013, the Plaintiff and Defendant C purchased the land listed in paragraph (1) of the attached Table of Real Estate List (hereinafter “instant land”) and agreed to operate the restaurant (hereinafter “instant restaurant”) after constructing a new building listed in paragraph (2) of the same Table on the ground (hereinafter “instant building”), and purchased the instant land from D on August 21, 2013 in KRW 1 billion according to the said agreement. On August 29, 2013, the Plaintiff and Defendant C entered into a partnership agreement with the Plaintiff and Defendant C (hereinafter “instant partnership agreement”).
B. The Plaintiff and Defendant C completed the registration of ownership transfer on October 7, 2013 with each of their respective shares as 1/2 in accordance with the instant trade agreement.
However, in order to pay the purchase price of the instant land, ① on September 30, 2013, Defendant B, the father of Defendant C, obtained a loan of KRW 200 million from the Nonghyup Bank as collateral with the pledge created in his own Nonghyup Bank’s deposit. ② Defendant C also obtained a loan of KRW 195 million from a new bank as collateral with the pledge created in his own new bank deposit by Defendant C, the mother of which was the same day, and ③ both the Plaintiff and Defendant C received a loan of KRW 700 million from the National Bank after completing the registration of the establishment of a mortgage with the maximum debt amount of KRW 840 million on the instant land on October 7, 2013.
C. On October 18, 2013, the Plaintiff and Defendant C obtained a building permit for the instant building from the petitioner group, and awarded a contract for construction of the instant building and basic interior works in G operated by F on October 24, 201, with the cost of construction KRW 910,000,000. The Plaintiff and Defendant C directly performed part of the construction of the instant building, separate from the said contract, and the cost associated with the construction of the instant building was financed through Defendant B.
Defendant B secured the land and building located in Gangseo-gu Seoul Metropolitan Government I, its own ownership on October 21, 2013.