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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff's father Eul's claim 1) The plaintiff's father Eul filed a lawsuit against Eul as Seoul Central District Court 2004Gahap1025 on March 24, 2005 against "C shall pay 61,60,000 won to D, and 5% per annum from June 3, 2004 to March 24, 2005, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on April 19, 2005, and the plaintiff received the above judgment against D's claim 1 through an agreement on division of inherited property.
B. On September 7, 2005, the Defendant entered into an agreement with the Defendant on the distribution of profits with C, etc. 1) on the aggregate of 14,413 square meters of Gangwon-do F, G, H, H, I, and J land (hereinafter “instant land”).
(2) On September 13, 2005, the Defendant, C, and K purchased KRW 430,000,000, and paid KRW 130,000,000 out of the purchase price with loans from the Do Public Savings Bank, and completed the registration of ownership transfer on the instant land (hereinafter “instant agreement”). Meanwhile, on August 24, 2005, the Defendant, C, and K loaned KRW 130,00,000 to be held responsible by C and K out of the purchase price of the instant land in the name of the Defendant and paid the interest on the loan (the above three-party loans are divided into C and K), and the interest on the loan is held liable by C and K, regardless of the loan amount invested in C and K’s name (hereinafter “instant agreement”).
3) Under the agreement of this case, on September 14, 2005, the Defendant borrowed KRW 130,000,000 from the Do Private Savings Bank, and paid the purchase price of the instant land. C and K paid the interest on the said loan amount of KRW 51,97,741 in total from October 14, 2005 to September 14, 2010. 4) The Defendant sold part of H land among the instant land to L on August 23, 2008, and on September 25, 2008, sold part of the instant land to L with KRW 126,00,000 in purchase price.