Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 4, 12, 14 and Eul evidence Nos. 2 and 17 (including each number, if any).
On August 11, 2003, the Plaintiff, the Defendant, and Nonparty C, the Plaintiff’s birth, jointly purchased the instant funeral hall (hereinafter “instant funeral hall”) for KRW 7 billion in the purchase price. The sales contract was concluded in lieu of the seller’s acquisition of a loan to a national bank that is a company that is a national bank. After that, the share ownership ratio of the instant funeral hall was set at approximately 45%, approximately 22%, and approximately 33%, respectively.
B. The Plaintiff, the Defendant, and C leased the instant funeral hall to I by setting the lease period of KRW 2,00,000,000,000 for rent of two years, monthly rent of KRW 20,000,000, and the Plaintiff applied for a provisional disposition against I on the ground that I was in arrears by the Plaintiff. On October 11, 2005, the Plaintiff applied for a provisional disposition for the use of the name of the building as the Incheon District Court 2005Kahap1881. In the instant case, on October 11, 2005, the Plaintiff paid KRW 50,000 to I, and instead received KRW 137,585,554 of the I’
C. Since September 17, 2010, the Plaintiff and the Defendant loaned KRW 1.5 billion at the annual interest rate of 9.6% from the Sungsung Mutual Savings Bank Co., Ltd. (hereinafter “Personal Savings Bank”) with the instant funeral hall as security, and the Plaintiff and the Defendant used the said loan at one-half each.
On the other hand, on April 2, 2004, the Plaintiff transferred the golf membership under the name of the Plaintiff to the Defendant of the Dong Tourism Development Co., Ltd. (hereinafter “instant golf membership”). On February 28, 2013, the Defendant disposed of the instant golf membership around February 28, 2013.
E. The Plaintiff and the Defendant shall pay the profits of the funeral hall of this case and the above loans.