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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. The Defendant decided to trust the title of the Incheon Dong-gu Seoul Commercial Building D Co., Ltd. (hereinafter “instant D”) to the Plaintiff, and completed the registration of transfer of ownership in the name of the Plaintiff as to the instant D D, around July 8, 2005.
B. The Defendant opened a bank account under the Plaintiff’s name (Account Number F, hereinafter “the instant E bank account”) and paid the balance after receiving the security loan money of the instant shopping district in the said account, and thereafter, received rents or paid interest on the instant shopping district by managing the instant E bank account.
C. Since then, the Plaintiff and the Defendant decided to jointly purchase the Gho Lake of the said C Commercial Building (hereinafter “instant Gho Lake”), and completed the registration of ownership transfer as to each of the 1/2 shares of the instant Gho Lake from January 3, 2007 in the Plaintiff’s name and the Defendant’s name. At the time, the Plaintiff and the Defendant offered loans of KRW 1,030,000,000 in the name of the Defendant as security for the instant Gho commercial building and paid the sales price of the instant Gho commercial building.
In addition, the Plaintiff purchased the said title I commercial building (hereinafter “instant I commercial building”), and completed the registration of ownership transfer on April 27, 2007, and the Defendant entered into a contract in the course of the sale. The Plaintiff, using the instant E bank account, received the security loan funds of the instant I commercial building and paid the purchase price or paid the interest on the acquisition tax and the instant I commercial building on behalf of the Plaintiff.
Since then, the Plaintiff installed stairs in the instant GG commercial building and operated a restaurant, such as the Sphy Ethy Ethy Ethy Ethy Ethy Esty Esty Esty Esty Esty Esty Esty Esty E
The Defendant returned the instant E Bank account to the Plaintiff around the end of 2007 and began to manage the instant E Bank account from that time.
From January 2008 to November 2009, the Plaintiff sold the instant shopping mall.