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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant jointly invested funds on February 2, 2004 to acquire the instant real estate under the same business agreement between the Plaintiff and the Defendant, and the Defendant, as well as KRW 407 square meters prior to Pyeongtaek-si D and KRW 1,091 square meters prior to E, which are owned by C (hereinafter “instant real estate”).
(1) The Plaintiff shall purchase the instant real estate in the name of the Plaintiff and then distribute the profits accrued from the disposal of the instant real estate in one-half each (1/2). (hereinafter referred to as the “instant trade agreement”).
(2) Around February 2004, the Plaintiff entered into a sales contract with C on the instant real estate at KRW 110 million. On February 25, 2004, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s name on the instant real estate on the grounds of sale as of February 25, 2004.
3) At the time of the conclusion of the above sales contract, the Plaintiff paid the down payment of KRW 5 million to C, and paid the intermediate payment after receiving KRW 35 million from the Defendant on February 9, 2004. Meanwhile, on February 11, 2004, the Defendant transferred the down payment to the Plaintiff, which was already paid to the Plaintiff. (B) The Plaintiff and the Defendant received the instant real estate loan as collateral and paid the remainder of the above sales contract after receiving the loan as collateral. Accordingly, on March 26, 2004, the Defendant opened a loan account in the form of a Mimner passbook passbook (Account number:F) in the name of the Defendant on March 26, 2004 under the name of the Defendant (hereinafter referred to as the “Seisan National Agricultural Cooperative”), and on the same day, the Plaintiff changed the loan to the maximum debt amount of KRW 130,000,000,000 for the instant real estate in the name of the Defendant.
2. The Defendant’s remaining amount of KRW 70 million on March 26, 2004, from the loan account under the name of the Defendant.