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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the birth of C (the Plaintiff was missing on November 14, 2007, and was dead due to the declaration of disappearance; hereinafter “the deceased”) who is the Defendant’s husband, and D is the mother of the Plaintiff and the deceased and the Defendant’s mother and the Defendant’s trial money.
B. At the time of September 14, 2015, the Plaintiff, D, and the Defendant shared 204/282 shares, excluding E-owned shares, 26/94 shares, among the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1 of this case”), and each real estate listed in paragraphs 2 and 3 of the attached Table No. 2 of the attached Table (hereinafter “instant real estate No. 2 and 3”), but the details of the specific shares are as listed below.
Real estate No. 1/61/61/64/613 of real estate No. 2 of this case No. 2 of this case No. 2 of this case No. 1/61/64/66.64, 202/46.64.646.641
D. On September 14, 2015, the Plaintiff, D, and the Defendant agreed to sell KRW 1,400,000,000 in total among the real estate Nos. 1,2, and 3 in the instant case (hereinafter “the instant sales contract”); on the same day, the Plaintiff received KRW 52,894,000,000, an amount equivalent to the price for the shares of the Plaintiff and D, out of the down payment of KRW 140,000,00 from the Nonghyup, and the Defendant received KRW 87,106,00,000,000, which is the price for the shares of the Defendant out of the down payment.
E. On September 14, 2015 and on the 15th day of the same month, the Defendant paid KRW 42,000,000 to the Plaintiff. Around that time, the Plaintiff paid KRW 50,000 to Taesung Mutual Savings Bank, which was established on the instant real estate at the time of the date of the instant sales contract, as the collateral obligation of the right to collateral security (hereinafter “the instant loan obligation”).
F. The No. 1,260,000,000 won, excluding down payment, out of the purchase price of this case, shall be the first floor lease deposit among the third real property of this case.