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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Fact-finding D is the husband of the plaintiff, and E is the defendant.
D and E entered into a joint investment agreement in around 2009, and purchased the F apartment of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as “F apartment”) 105 and 704 and 101 and 501, respectively, and agreed to purchase the F apartment again in the following order: F apartment 101 and 101; and
D and E, at the time of the above joint investment agreement, expected to make profits from resale based on the overall increase in the transaction price of the F apartment, prepared only small amount out of the purchase price as joint investment fund, and most of the remaining amounts were appropriated as security loans, lease deposit, etc. by utilizing in advance the asset value of the relevant household acquired, and agreed that D in Seoul will take charge of all external affairs, such as the conclusion of each contract and the completion of registration, and the receipt and payment of money.
D on October 5, 2009, the F apartment 101 Dong 101 was purchased in the name of F apartment 250,000,000 won in the name of F apartment 100,000 won, and E remitted D on October 19, 2009 and October 25, 200,000 won to D on October 20, 209.
(F) In light of the date of remittance, F apartment 101, 101, 101, and 101, there is a high possibility that some of the purchase funds were contributed. D, on November 20, 2009, provided F apartment 101, 101, and borrowed KRW 163,000,000 in G’s name to Samsung Life Insurance Co., Ltd. as collateral (195,60,000) and borrowed KRW 163,00,000 in the name of G, and ② leased F apartment 101, 101,000, 100,000, 150,000 won in the lease deposit, and received the lease deposit from H, and completed the registration of ownership transfer in the name of G by paying the remainder to the seller in full.
H raises an objection that the return of the deposit for lease is uncertain later because the obligation of the first-class collateral loan to D is excessive at the time of concluding the lease contract, D shall register to H a reduction of KRW 40,000,000 out of the maximum debt amount of the first-class collateral loan with respect to No. 101, 101, 100,000, until February 7, 2010.