Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On April 3, 2006, the Plaintiff and the Defendant purchased at KRW 160,00,000, and around that time, they completed the registration of ownership transfer in proportion to 1/2 shares, respectively.
B. On May 19, 2006, the Plaintiff remitted KRW 90,000 to the Defendant.
On the other hand, with respect to the G-Saeb Co., Ltd. (hereinafter “SaB”), G-Sabab Co., Ltd. (hereinafter “Sabab”), G-Sabag-gu, J. K., K., and the maximum debt amount of KRW 300,000 was set respectively. However, each of the said mortgages was transferred on May 22, 2006 to the Plaintiff and the Defendant.
On November 2006, the public auction procedure was conducted on the instant friendship, and the Plaintiff and the Defendant did not have been allocated the proceeds of the public auction in the public auction procedure.
C. On May 4, 201, the Plaintiff transferred KRW 20,000 to the Defendant. D.
On August 24, 2017, the Plaintiff and the Defendant sold the instant land in KRW 230,000,000, and the down payment of KRW 23,000,000 was received by the Plaintiff, and the remainder of KRW 207,00,000 was received by the Plaintiff and the Defendant respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Gap evidence 2, Gap evidence 4, Gap evidence 6 (including paper numbers), Eul evidence 3 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s primary assertion: (a) lent KRW 90,00,000 to the Defendant on May 19, 2006; (b) KRW 110,000,000 on May 4, 2011; and (c) KRW 110,00,000 on a total of KRW 110,00,000 on the pertinent D land; (c) the Defendant presented a plan to transfer the Defendant’s 1/2 of the instant D land to the Plaintiff around 2013; and (d) approved the said obligation by preparing and delivering a sales contract as to the said portion; and (e) even if the said amount was not a preliminary loan, even if the said amount was not a loan, the Plaintiff prepared and issued a sales contract as such, and thereby, the Defendant between the Plaintiff and