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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff B owned each land listed in [Attachment] Nos. 1 through 3, and the Plaintiffs jointly owned each 1/2 share of the buildings listed in [Attachment List No. 4].
(hereinafter “instant real estate”). The Plaintiffs intended to sell the instant real estate, and around May 15, 201, proposed that they would purchase the instant real estate from Nonparty E and change the form and quality of the instant real estate at their own expense and pay the purchase price by receiving a loan as security.
B. On May 31, 201, when the Plaintiffs anticipated the occurrence of the loss, such as the impossibility of recovering the remaining purchase and sale price, E received loans from the Plaintiffs as collateral on the high-pollution level loan to the Plaintiffs, and did not complete the change of the form and quality, E completed construction by using the above loans kept by the Plaintiffs, and the Plaintiff and E consulted with the Defendant C, an employee of the Defendant Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”), at the F branch of Defendant D Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”).
C. In the process of consultation on whether to grant a loan, Plaintiff A and E agreed to the name holder of the loan to Nonparty G rather than Plaintiff A. On May 29, 201, the Plaintiffs and G drafted a sales contract stating that the Plaintiffs sold the instant real estate to Nonparty H Co., Ltd. with the representative director (hereinafter “instant sales contract”).
Plaintiff
On May 31, 2011, A provided the instant real estate as collateral at Defendant Nonghyup F Branch, and applied for a loan of KRW 450 million to Defendant A as debtor G, and Defendant C deposited KRW 440,907,70,000, which is the starting date of the loan, after deducting appraisal fees and other expenses from G accounts on June 9, 201.
(hereinafter referred to as the “instant loan” and the “instant loan” are E.
40,060,00 won and 401,85,000 won respectively in the savings account of G on the same day.