1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is the spouse of the plaintiff who is the plaintiff.

B. The registration of ownership transfer was completed in the name of the Defendant’s father, Nonparty E, his father, on the ground of sale and purchase around May 1995, with respect to the land of 87m2 and its ground (hereinafter “C land and building”), and 1,434m2 (hereinafter “instant land before the instant partition”).

The sales price of the above real estate was KRW 84 million. At the time, the Defendant received KRW 29 million from the Plaintiff and used it as the purchase fund for the above real estate.

C. On May 4, 1998, the land before the instant subdivision was divided into each real estate listed in the separate sheet.

On the ground of the attached list 1, the defendant constructed the two-story of reinforced concrete structure and the plastic roof, and completed the registration of ownership transfer in the name of the defendant on September 1, 200.

The registration of ownership transfer was completed on September 1, 200 on the land, buildings, and each real estate listed in the separate sheet as the grounds for registration.

E. On November 18, 2003, “The sale on October 11, 2003” was the cause of registration and the registration of ownership transfer was completed in the name of Nonparty F.

On November 8, 2003, the defendant remitted 30 million won to the plaintiff.

F. On the other hand, on April 21, 2005, the establishment registration of a mortgage was completed on April 2005, 2000, which is the cause of the establishment of a mortgage, which is the debtor B (the defendant), the mortgagee A (the plaintiff), the maximum debt amount of 90,000,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the party's assertion is that the plaintiff, the defendant, and the non-party G (or H) made an investment and purchase in 1/3 of the purchase price, and the 1/3 share of the above real estate on June 1995.