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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. From May 1971, the Plaintiff owned 104.1 square meters of land in Jung-gu, Seoul (hereinafter “instant land”) and around December 1972, the Plaintiff constructed a new building on the instant land and its neighboring land (P apartment, hereinafter “instant building”) as indicated in the attached list by obtaining a building permit jointly with the owners of adjacent land (Seoul Jung-gu, J through K, L through M, N throughO, and lot number at the time of the building permit). The instant building was partitioned in proportion to its ownership.
On the other hand, the building of this case is unregistered until now.
B. On June 7, 1975, when the Plaintiff borrowed money from the deceased C (Death on July 6, 2013) several occasions, the Plaintiff issued a promissory note of KRW 20 million at the face value of KRW 16,555,000 to the deceased C for the performance of the said obligation. As to the instant land, the Plaintiff agreed that the registration of the establishment of a neighboring mortgage in the name of the deceased C was completed for the instant building, and that the registration of the establishment of a neighboring mortgage in the name of the Plaintiff was completed for the instant building, the Plaintiff agreed that the registration of the establishment of a neighboring mortgage in the name of the Plaintiff was completed.
C. The Plaintiff failed to pay the Promissory Notes to the network C. On February 24, 1976, the part owned by the Plaintiff among the instant building and the instant land were sold at KRW 46 million. The purchase price shall be calculated as KRW 25 million for the Plaintiff’s net C up to the time, and the amount of the purchase price shall be deducted as KRW 25 million for the Plaintiff’s net Q, the Plaintiff’s liability for KRW 2 million for Nonparty Q, the Plaintiff’s liability for the return of KRW 17 million for each store located in the instant building, and the liability for return of KRW 17 million for each store located in the instant building, and the liability for tax and public charges on the instant building due and public charges of KRW 1,00,000 for the building in arrears until the time was acquired by the network C. D.
In addition, the plaintiff and the deceased C have "40 square meters underground and the first floor above ground" among the buildings of this case by the plaintiff to the Dong C on the same day.