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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
Defendant B is the spouse of the deceased I (Death on June 13, 1991), who is his father’s father, and Defendant C is the Plaintiff’s children, and Defendant D, E, F, G, and H are the inheritors of the deceasedJ.
On April 10, 195, J, the owner of the instant real estate, sold the instant real estate to Defendant B and C in the amount of KRW 38 million (the contractual amount of KRW 10 million, the balance of KRW 28 million) and completed the registration of ownership transfer with respect to each one-half share in the name of Defendant B and C on April 20, 1995.
On April 19, 195, the remaining payment date of the above sales contract, the Plaintiff withdrawn the check amount of KRW 24 million and KRW 1 million in cash from its own new bank account (K).
At the time of a sales contract, L was a debtor; the registration of the establishment of a mortgage (receiving on April 28, 198) and L was made with the Korea Housing and Commercial Bank as the debtor; and the registration of the establishment of a mortgage (receiving on May 21, 1994) in the vicinity of the maximum debt amount of KRW 39 million with the South Mine Agricultural Cooperative as the mortgagee; however, the registration of the establishment of a mortgage (receiving on April 28, 198) with the Korea Housing and Commercial Bank as the mortgagee was revoked on April 29, 196; and the registration of the establishment of a mortgage (receiving on April 28, 198) with the Korea Housing and Commercial Bank as the mortgagee was revoked on October 17, 1996.
Defendant C and the Plaintiff are currently holding the current passbook No. 1, and submitted to this court. The details of the passbook No. 1, the loan interest and the principal of the loan are deposited in cash and cash cashier’s checks, and the loan under L was repaid.
At present, the registration certificate for the real estate in this case is owned by the defendant C and the plaintiff, and the defendant C and B are paying the property tax imposed on their own shares.
N around July 2007, around 2007, the Plaintiff requested repair of the real estate of this case from the Plaintiff’s JO, and prepared a confirmation document that the construction cost of KRW 23 million was paid by the Plaintiff after the completion of construction.
【Ground of recognition】 There is no dispute.