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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 April 27, 2002, the Defendant completed the registration of creation of chonsegwon with the person having chonsegwon as the Defendant in relation to D apartment Nos. 108,103, 103 (hereinafter “instant apartment”) in the Ulsan-gu Seoul Metropolitan City Land Readjustment Project District.
B. On April 2, 2009, the Plaintiff paid KRW 100,000,00 to E (the Defendant’s husband was divorced with the Defendant in 2012) who was the Defendant’s husband. On that day, the notary public entrusted the Plaintiff to the law firm solarization with E and F, and “the Plaintiff shall lend KRW 110,000,000 to E on April 2, 2009 (the borrowed money in this case)” and the F shall be jointly and severally and severally suretyd.
[Reasons for Recognition] Uncontentious Facts, Gap 2, 4-6, Eul 2, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) The Defendant jointly borrowed the instant loan from the Plaintiff on April 2, 2009, jointly with E. (2) the Plaintiff received KRW 49,536,340 from E and F, and appropriated it for the repayment of the instant loan.
2) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 60,463,660 ( KRW 110,00,000- KRW 49,536,340) and damages for delay. (b) According to the evidence No. 1 of the judgment No. 1 of the lower court, the sales contract on April 2, 2009, stating that “the Defendant sells the apartment of this case to the Plaintiff by selling the apartment of this case. By July 31, 2009, upon completion of reimbursement of KRW 110,000,000 shall be null and void. In the event of nonperformance by July 31, 2009, the Defendant shall faithfully perform the performance of the sales contract to the Plaintiff.” (hereinafter the real estate sales contract of this case was prepared in the name of the Plaintiff and the Defendant, and a notary public on the same day may recognize the fact that the contract was certified by commissioning the Plaintiff to the law firm
However, in light of the fact that the instant real estate sales contract and the instant notarial deed were written on the same day, and that the Defendant is not written as the debtor or joint guarantor, the Defendant alone is jointly with E.