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1.The judgment of the first instance shall be modified as follows:
Daegu District Court 201j1, 10687 against the Defendants.
Reasons
1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 14, 28, 38, Eul evidence Nos. 1 to 5 (including the serial numbers; hereinafter the same shall apply), Gap witness E, witness E, part of L, witness N of the trial party, and the whole testimony and arguments.
The Plaintiff is a certified judicial scrivener, and D is the Plaintiff’s senior high school as the Chairperson of F. Defendant B is the Defendant’s wife, and Defendant C is the Plaintiff’s senior. Defendant C is the son of D. 2) as the actual operator of H Co., Ltd. (Representative I; hereinafter “C”) who promoted the Daegu Suwon-gu J apartment redevelopment project (hereinafter “instant project”), and E is a person who introduced G to the Plaintiff and D as the motive of the Plaintiff’s high school.
B. 2 billion won remittance, the Plaintiff’s name provisional registration, and the loan certificate of KRW 2 billion from the Defendants’ account to the Plaintiff’s account, each of which was remitted from January 26, 2006 to the Plaintiff’s account; each of the said money was immediately remitted to H’s account; and on January 26, 2006, each of the said money was immediately remitted to the Plaintiff’s account; and on January 26, 2006, the registration of the Plaintiff’s right to claim transfer of ownership was completed on the ground of a pre-sale agreement with respect to 20 real estate owned by H.
Around that time, on January 27, 2006, a loan certificate (Evidence A No. 4-1, hereinafter referred to as "the first loan certificate") was prepared as "the creditor, the debtor, the plaintiff, the joint and several sureties E, the daily amount of KRW 2 billion, the due date of payment of KRW 2 billion, May 15, 2006."
C. From April 7, 2006 to April 18, 2006, KRW 1 billion was remitted from the Defendants’ account to the Plaintiff’s account. The said money was immediately remitted to H’s account, and on April 10, 2006, the Plaintiff’s right to claim for transfer of ownership was completed for three cases of real estate owned by H on April 10, 2006.
Around that time, the Defendants, the Plaintiff, the joint and several surety, E, G, and the Defendants.