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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. As of September 10, 1970 with respect to the real estate listed in the separate sheet called "C market", the registration of preservation of ownership in the name of C market service number, an incorporated association, has been completed, and each shop partitioned within the above market has the right to use, profit or dispose of as the de facto owner, and the transfer of the right or the provision of security is made in the manner of changing the title holder of the permission on the permission for the use of the above prosperity shop.
B. Since the Plaintiff’s husband obtained permission for the use of the instant store on June 28, 1978, D borrowed KRW 10 million from E to E on August 28, 1981, and changed the nominal owner on the permission for the use of the store as security for the said debt to E, but around September 25, 1982, D borrowed KRW 10 million from F to repay the said debt to E, and changed the nominal owner on the said registration ledger to F.
C. Around November 25, 1982, the Defendant made a loan to D with interest rate of KRW 10 million on and around March 25, 1983, the Defendant changed the nominal owner of the instant store as security to the Defendant and transferred all rights to the instant store in lieu of repayment without a separate declaration of intention if D is unable to repay the said debt by the due date. In addition, instead of delivering the instant store, the Defendant sold it, and agreed to pay D the remainder after deducting the said debt and all public charges from the price. On December 3, 1983, the Defendant changed the nominal owner of the instant store from F to the Defendant.
After that, D, on April 25, 1984, borrowed additional KRW 10,000,000 from the Defendant as interest rate of 2% per month, and determined the due date for repayment of KRW 20,000,000 with the previous loans as March 25, 1985, and D cannot repay the above obligations until the due date.