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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. From July 21, 1997, C, D, E, and F owned 106,017 square meters of G forest (hereinafter “Y”) and 298 square meters of I forest as 1/4 shares in each of the following: (a) on July 27, 2004, G forest land was divided into 26,579 square meters of G forest and J forest and 79,438 square meters of J forest into 26,579 square meters into 79,438 square meters; (b) on G forest land owned by F, J forest and 79,438 square meters by C6,620,79,438 square meters; (c) D and E own shares6,619,75,79,79,438 square meters of forest and land; and (d) shares owned by D and E and E are divided into 298/298/298,298,2984/298.
Then, G forest land was divided into 26,579 square meters in G forest land into 25,544 square meters in G forest land, 666 square meters in K forest land, 369 square meters in L forest land (hereinafter “instant land”) on October 14, 2004.
B. On March 2005, the Plaintiff, M, N, andO, the mother of M, intended to purchase from C, D, E, and F 26,579 square meters of the instant land and J 79,438 square meters of forest land, and J 29,438 square meters of forest land (a total of 106,017 square meters of forest land). However, F purchased only J 79,438 square meters of forest land and 298 square meters of forest land from C, D, and E on the wind that F would not sell the instant land, on March 26, 2005.
J Forest 79,438 square meters were divided into J Forest 77,456 square meters on May 25, 2005, P Forest 1,189 square meters and Q forest 793 square meters.
J With respect to 7,456 square meters of forest land and 298 square meters of forest land, ownership transfer registration was completed in the name of the Plaintiff on February 2, 2006.
C. The Plaintiff and the Defendant purchased the instant land from F on May 3, 2005 in KRW 3.2 billion, and the Plaintiff and the Defendant shall bear KRW 80 million and KRW 2.4 billion, respectively, but the registration was decided to be made in the Defendant’s sole name, and the Defendant paid KRW 200 million as the down payment to F on May 3, 2005.
The Plaintiff, Defendant, and F agree to pay an intermediate payment by causing KRW 1.3 billion. Accordingly, on June 29, 2005, the Plaintiff and the Defendant borrowed KRW 1.3 billion from the Ansan Mutual Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) and paid the intermediate payment.
To this end, the land of this case is located in the National Savings Bank.