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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 June 30, 2009, the Plaintiff and C entered into a contract with a view to jointly constructing and operating a DNA funeral hall (hereinafter “instant funeral hall”) on each land indicated in Articles 1 through 6, 9, and 12 of the [Attachment List, and jointly operating the instant funeral hall from September 2009, by investing KRW 400,000,000 in each of them.
B. On September 2009, the Plaintiff and C set up a collateral security (hereinafter “mortgage 1”) with a maximum debt amount of KRW 150,000,000 on each of the real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) on the part of E and F (hereinafter “each of the instant real estate”) as security for the repayment of deposit money, the Plaintiff and C set up a collateral security (hereinafter “mortgage 1”) with a maximum debt amount of KRW 150,00,000 for each of the instant real estate on December 2, 2009 as security for the repayment of deposit money.
C. Meanwhile, in the process of jointly operating the instant funeral hall, the registration of ownership transfer was completed in the Plaintiff’s name with respect to the shares of 1/2 shares among each real estate listed in the separate sheet Nos. 1 through 9 (hereinafter “shared real estate”) and each real estate listed in the separate sheet Nos. 10 through 13 (hereinafter “the instant separate real estate”).
The Plaintiff entered into a contract with C to settle a dispute over the operation of the funeral hall of this case on February 9, 2010 and to sell 1/2 shares in the Plaintiff’s name among the co-owned real estate of this case and the instant sole-owned real estate of this case at KRW 400,000,000 for the settlement of the partnership relationship.
(hereinafter “instant settlement agreement”). D.
C Around August 2011, the instant lease agreement with E and one other and the instant one are terminated. On August 26, 2011, the Defendant agreed on the instant store’s deposit amounting to KRW 150,000,000, and the period from August 26, 201 to August 25, 2015.