1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

가. 원고는 C와 형제 사이이고, 피고, D(이하 두 사람을 ‘피고 등’이라 한다)의 모친 E과는 이부형제(異父兄弟) 사이이다.

B. The instant real estate was owned by F; on Aug. 10, 2007, the Defendant et al., on the ground of sale on July 30, 2007, the ownership transfer registration (each co-ownership share 1/2) was completed; on the same day, the instant real estate was completed for the debtor C and C, the maximum debt amount of KRW 780 million in the future.

On August 10, 2007, Article 1 (Bagyeong) C borrowed KRW 600,000 from a Flazed Mutual Savings Bank, and D jointly and severally guaranteed the above loan obligation.

Article 2(Amount of Subrogation)D shall pay to a Fladon mutual savings bank an amount of KRW 585 million, which is the balance of the above loan obligations, on behalf of the Flaon mutual savings bank.

Article 3 (Period of Repayment) C shall refund to D money under Article 2 paid by D on behalf of D until August 9, 2011.

Article 4 (D's Right) D retains the following rights by subrogation under Article 2:

(1) D shall hold all rights to the real estate in this case, the ownership of which is substantially owned by C or is transferred under the name of the defendant, etc.

② From August 10, 2010 to the time C fully redeems the amount subrogated by subrogation, D shall have the right to all profits accrued from the second floor of the building listed in attached Table 2 and the G Reading Room in the name of the spouse of C operating on the third floor (hereinafter “instant reading room”).

③ D shall be in charge of lease-related affairs, such as the right to receive rents generated from the instant real estate, and the operation and management of the reading room of this case, and shall be paid KRW 1 million per month from August 30, 2010 to the end of each month.

5. D shall pay a deposit for lease to a lessee with respect to the instant real estate at his/her own expense, and D shall pay the amount of subrogation under Article 2 from C to the lessee.