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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 18, 199, the Plaintiff purchased 1,088 square meters in Seo-gu, Jeonjin-gu, Seoul, and 992 square meters in Jeonjin-gu, Jeonjin-gu (hereinafter “instant real estate”) for KRW 69,190,000,000, and completed the registration of ownership transfer as the Jeonju District Court No. 16671 on February 19, 199 with respect to the instant real estate.
B. The Plaintiff purchased a private taxi on November 199 and April 2002, and received a total of KRW 67 million from the Defendant.
C. On February 18, 2008, the Plaintiff borrowed KRW 68 million from the Jeonju Livestock Cooperatives as collateral and remitted KRW 68 million to the deposit account in the name of the Defendant’s spouse, E, the Defendant’s spouse. On the same day, the registration of the establishment of the mortgage on the instant real estate in the name of the Jeonju Livestock Cooperatives, the maximum debt amount of KRW 89 million was completed.
On February 19, 2008, the Plaintiff obtained a credit loan of KRW 20 million from the Jeonju Jeju Livestock Cooperatives, and remitted KRW 20 million to the deposit account under the name of the Defendant’s spouse, the Defendant’s spouse. On February 18, 2010, the Plaintiff paid KRW 2 million out of the above loans.
E. On behalf of the Plaintiff, the Defendant sold the instant real estate at KRW 254 million to F on July 9, 2010, and received KRW 25 million as the down payment from F in the name of the Plaintiff, G, G, and on July 10, 2010, transferred KRW 12 million to the Defendant’s deposit account in the name of the Defendant’s bank account in the name of the Plaintiff.
F. On July 28, 2010, F: (a) repaid on February 18, 2010, the total of KRW 68 million and interest KRW 390,711 of the principal of the loan as of February 18, 2008; (b) KRW 18 million and interest KRW 116,679 of the loan as of February 19, 2008; and (c) cancelled the registration of creation of a neighboring mortgage in the name of the Jeonju Jeju Livestock Cooperative; (b) the total of KRW 86,507,390 of the principal amount of the loan as of February 19, 2008; and (c) the registration of establishment of a neighboring real estate in the name of the Plaintiff for the entire Jeju Livestock Cooperative was revoked; (d) the remainder of the loan as of KRW 73,492,610,69 million and KRW 142,492,610 of the outstanding real estate (=29 million - KRW 86,507,900).