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1. The plaintiff's action against the defendant B and C shall be dismissed.
2. The plaintiff's claim against the defendant D is dismissed.
3...
Reasons
1. Basic facts
A. On March 22, 2010, Defendant D, Nonparty E, and Nonparty F agreed with Nonparty G and Nonparty H to jointly purchase 13,054 square meters in Yongcheon-si, JJ large 241 square meters, K large 298 square meters in lots, and L large 2,192 square meters in lots (hereinafter “instant land”) and sell them to a third party, and mutually distribute the net profit after deducting expenses such as taxes and public charges from the proceeds of the sale. G, H, and E shall pay a successful bid bond, and Defendant D and F agreed to share the business of selling each of the said real estate to a third party.
B. On March 26, 2010, G purchased the instant land in KRW 1,461,00,000 in the auction procedure, and on May 24, 2010, G completed the registration of ownership transfer under its own name after completing the registration of ownership transfer under its own name by fully paying the purchase price, and immediately completing the registration of ownership transfer under Defendant D’s request, and completed the registration of ownership transfer as to one half of the co-owned shares of each of the instant real estate to E and M (a person who leases his name upon Defendant D’s request) on the same day.
E and Defendant D obtained a loan of 1.1 billion won from the Daegu Bank on the same day in order to raise funds for the purchase of the instant land, and completed the registration of creation of a neighboring mortgage with the debtor E, M&mortgage Co., Ltd., Daegu Bank and the maximum debt amount of 1.5 billion won as joint collateral on the instant land.
C. On the other hand, G and H withdrawn from the investment of the instant land on April 12, 2010, prior to the date of payment of the sale price of the instant land, and Defendant D paid KRW 120,000,000 to G and H on the pretext of returning the principal and interest of investment in the said withdrawal.
G withdrawn from the investment in the instant land, but was in the position of purchaser in the auction procedure for the instant land. As such, G completed the registration of ownership transfer under the name of G with respect to the instant land, and completed the registration of ownership transfer with 1/2 shares in E, M, respectively.
Around that time, the Plaintiff was introduced by G and H instead, and the instant real estate.