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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a child of C, and the defendant is a partner in C's prevention.
C established D Co., Ltd., Ltd., Ltd. (hereinafter “D”), around 2000, purchased the land listed in attached Table No. 1 (hereinafter “instant land”), constructed a building listed in attached Table No. 2 (hereinafter “instant building”) on that ground, and conducted a siren project with the Defendant.
B. C purchased the instant land and then completed the registration of ownership transfer in the future of the Defendant, and the remaining shares of C, the wife of C, and completed the registration of ownership transfer in the name of the Defendant for the instant building.
(hereinafter referred to as the “instant real estate”) when the share of the instant land in the name of the Defendant and the instant building are collectively named.
Afterward, the Defendant and C agreed to acquire the right to operate the business related to the rental car business upon termination of the relationship between the rental car business, and the Defendant transferred the ownership of the instant real estate to the Plaintiff, but sell and purchase the ownership of the instant real estate to a third party under the name of the Defendant.
Meanwhile, even though the Plaintiff did not lend KRW 1 billion to the Defendant in order to secure the above right, on November 9, 2010, the registration of creation of a mortgage over KRW 1 billion with respect to the instant real estate was completed on the basis of the obligor, the obligee, and the maximum debt amount.
After that, on March 2012, the Defendant and C, with respect to the foregoing agreement, shall resign from D’s directors and auditors, and shall transfer the said three shares to the Defendant. The Defendant drafted a letter of performance to the effect that “the Plaintiff, F, and E waives the ownership of the instant real estate, and delegate all the powers of the said real estate to the Plaintiff, F, and E,” and drafted a letter of performance to the same effect as the above letter of performance at the seat of G and H.
(e) and on March 12, 2012.