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1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 24,000,000 for the Plaintiff and its related expenses on May 15, 2018.
Reasons
1. Basic facts
A. C transferred KRW 24,00,000 to the Defendant on June 11, 2007.
B. On June 13, 2007, the Defendant completed the registration of ownership transfer based on a compulsory auction on June 11, 2007 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
C. On January 6, 2011, the Defendant completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) with respect to the real estate listed in paragraph (4) of the attached list No. 4 of the attached Table to C, with the maximum debt amount of KRW 40,00,000,000, and the debtor, the Defendant, and the
C The deceased on September 18, 2017, and the deceased on September 18, 2017, the Plaintiff, D, and E, the heir of the deceased C, agreed on the division of inherited property by the Plaintiff’s sole succession to the instant collateral security and its preserved claim.
E. The current market price of each real estate of this case is KRW 121,834,00.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the appraiser F's appraisal result, the purport of the whole pleadings
2. Judgment as to the main claim
A. The gist of the plaintiff's assertion 1) The defendant proposed that the real estate of this case was put into an auction in around 2007 to the net C, and half of them were invested, and the net C consented to the above proposal (hereinafter "this case's trade agreement").
(2) On May 21, 2007, the Defendant was awarded the instant real estate amounting to KRW 45,990,000 on the date of sale of the G compulsory auction case for the Seosan Branch of Daejeon District Court G compulsory auction case, and on June 11, 2007, the net C remitted KRW 24,000,000, which is the amount equivalent to 1/2 of the acquisition and transfer cost of the instant real estate to the Defendant.
3) On June 13, 2007, the Defendant completed the registration of ownership transfer on the instant real estate. Since long years thereafter, the Defendant was faced with the network C, and the network C requested the establishment of a mortgage on each of the instant real estate for the purpose of preserving investment funds under the instant business agreement. On January 6, 2011, the Defendant completed the registration of ownership transfer on the instant real estate to the network C.