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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. C, in order to establish a medical corporation and operate a hospital on the land and the building site for the land for the building and the building site for the land for the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of this case (hereinafter “the building of this case, etc. of the building of the building of this case”), had been engaged in the business by investing funds from the defendant, etc., but was suffering from the shortage of funds, and the voluntary auction of the building of the building of this case
B. He proposed that the Defendant would establish and operate the hospital and recover the investment amount upon the successful bid of the instant building, etc. in the name of the Defendant. Upon receipt of the proposal, the Defendant planned that the instant building will be awarded a joint bid in the name of F, a type of sale of C. Accordingly, C and the Defendant decided to permit the sale of KRW 4,300,100,00 in the said voluntary auction procedure on October 26, 2009, and completed the registration of ownership transfer under the joint name after the Defendant paid the successful bid price for the instant building, etc. on February 10, 2010.
(The share of the Defendant is 7/10, and F's share is 3/10). Of the successful bid price, C borrowed and paid a bid bond for auction from the Defendant, and some of the remainder was offset by the dividend to be distributed to the Defendant in the above voluntary auction procedure, and C borrowed and paid the remainder under the name of the Defendant by taking out the building, etc. of this case from the Fag Agricultural Cooperative as security.
C. In accordance with C’s proposal, the Defendant: (a) around November 2009, at the time of the successful bid for the instant building, etc., delegated C with respect to all acts regarding management (maintenance, maintenance, and repair) of land, buildings auction goods (E); (b) claims and obligations related to the said auction goods; and (c) the agreement on lien; and (d) the final decision shall take effect upon the Defendant’s agreement.