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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. On July 12, 2004, the Plaintiff, the Defendant, the Defendant, and C (the Defendant’s leakage) purchased the instant real estate shares of 885.44/17,718 of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Daehan’s 17712m22m2, and the Ethm2 of the above ground price Ethm2 from the Plaintiff, the Defendant, and C’s purchase of the instant real estate shares of 154.57/54,50 of the building of 5025.54 (hereinafter “instant real estate”). On September 10, 2004, the Plaintiff, the Defendant, and C completed the registration of ownership transfer in the future with respect to the instant real estate on September 10, 204.
(Land) The Plaintiff, the Defendant, and C purchased the instant real property, provided a loan of KRW 900 million to the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) for KRW 11770 million with respect to the instant real property, and on September 10, 2004, set up a collateral security right of KRW 1170 million with respect to the instant real property to the Korea Exchange Bank.
B. (1) On February 2005, the Plaintiff, the Defendant, and C leased the instant real estate to F with a lease deposit of KRW 40 million, monthly rent of KRW 13 million. The F operated soup bank on the instant real estate.
(2) Around November 28, 2006, F sold to the Plaintiff, the Defendant, and C all of the soup facilities operated in the instant real estate to KRW 400 million, and the said lease agreement was concluded with the Plaintiff, the Defendant, and C.
(3) After that, the Plaintiff, the Defendant, and C leased the instant real estate to G as KRW 40 million, monthly rent of KRW 11.5 million, and G operated soup bank in the instant real estate.
C. On January 31, 2007, the Plaintiff, the Defendant, and C agreed that “The instant agreement in 2007,” stating that “as to the obligation of KRW 1.3 billion related to the instant real estate (as to the obligation of KRW 900 million for foreign exchange bank loans KRW 900 million, the Plaintiff shall bear KRW 100 million and the Defendant and C shall bear the remainder of KRW 1.2 billion” (hereinafter referred to as “instant agreement”).