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1. The plaintiff's respective appeals against the defendants and the defendant C's appeal are all dismissed.
2. The costs of the lawsuit after the appeal.
Reasons
1. Basic facts
A. The relationship between the parties 1) The defendant C was born as a woman between his father D and her mother, and the defendant C reported the marriage with the defendant B around April 6, 1971. The plaintiff is the birth of the defendant C.
B. 1) The registration relationship of the instant real estate in Geumcheon-gu Seoul Metropolitan Government is Geumcheon-gu 256.4 square meters (hereinafter “instant land”).
On July 1, 1970, the registration of ownership transfer was completed in Seoul Special Metropolitan City on October 29, 1981 on the ground of sale and purchase on July 1, 1970. At the time, the Plaintiff’s father D purchased the above real estate, and Defendant C bears the amount of KRW 6 million, half of the purchase price. 2) As to the F portion of the instant land, the registration of ownership transfer was completed in the Plaintiff’s future on May 20, 1982.
3) Following the removal of the existing housing on the instant land. On September 7, 1994, the existing housing on the instant land was removed, and the community living facilities of the fourth floor of the steel reinforced concrete structure (19.84m2, each floor area; hereinafter referred to as the “instant building”). The instant land and buildings are collectively referred to as the “instant real estate.”
The registration of initial ownership was completed in the future of the plaintiff. At the time, the expenses for new construction of the building of this case were borne by the defendant C at least 90%. (c) The defendant C operated G bookstore at the time of the Government. The defendant C had obtained the plaintiff's approval to raise the funds, and completed the registration of creation of a neighboring mortgage with respect to the land of this case between June 1985 and March 1993 as the debtor C and the Gyeonggi Bank Co., Ltd., Ltd., which received a loan or borrowed money as security.
2) On October 7, 1994, Defendant C prepared a sales contract with the Plaintiff and the buyer for the instant real estate with the Plaintiff’s consent to raise funds, and borrowed money from H as security. D. Around August 7, 1996, the Defendant C borrowed money from the Plaintiff and the buyer for the instant real estate.