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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 October 15, 2002, the Plaintiff and the Defendant purchased a large scale of 1386 square meters (hereinafter “ri, lot number”) in Incheon Reinforcement-gun, Incheon, and completed the registration of transfer of ownership on October 18, 2002 by sharing 1/2 shares.
B. Around 2006, the Plaintiff, the Defendant, and the Defendant’s mother-friendly D newly constructed two buildings on the same form and size on the ground of the above land, and subsequently, they would sell and settle them if the buyer appeared.
C. The Plaintiff and the Defendant shared 1/2 shares on May 12, 2009, and co-owned the co-owned land as co-owned, and C 693 square meters owned by the Plaintiff, while E 693 square meters which are new lot numbers completed the registration of transfer as owned by the Defendant.
After the Plaintiff and the Defendant completed registration of preservation of ownership of 1/2 shares in respect of two buildings newly constructed on C and E on May 4, 2009, they completed registration of ownership transfer on May 12, 2009, according to the partition of co-owned property as to the above land, C ground buildings under the name of the Plaintiff, and E ground buildings under the name of the Defendant.
E. Until August 2017, the Plaintiff, the Defendant, and D jointly operated the pention of the trade name called “Fpention” (hereinafter “instant pention”) with the total of 10 guest rooms in each of the above 2 guest rooms from the above 2 guest rooms (the size of the 2nd floor).
The Defendant and D primarily performed the work necessary for the operation of the pension, such as building management and cleaning, and the Plaintiff primarily performed the work of managing the reservation work and the profits of the pension, and managed the profits through the Gup H account in the name of the Plaintiff (hereinafter “instant public account”).
[Ground of recognition] A without dispute, entry of Gap evidence 2, the purport of the whole pleadings (including each entry of Gap evidence of 1, 2, and 7 of the Incheon District Court 2017dan248437 which was examined)
2. The plaintiff's assertion and judgment
A. On August 3, 2009, the Plaintiff’s summary of the Plaintiff’s assertion pays KRW 50,000,000, which is a part of the money loaned with the instant penure as security, to I as the obligee of the Defendant.