1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 16, 2008, the Plaintiff purchased D & 661 square meters (hereinafter “instant land”) from Kimpo-si, Kimpo-si, and completed the registration of ownership transfer on August 8, 2008. On the same day, the Plaintiff completed the registration of ownership transfer with respect to the instant land at 120,000,000 won with respect to the registration of creation of a neighboring mortgage with respect to the instant land from the said bank.
B. On April 6, 2010, the Plaintiff newly constructed a 152.40 square meters of 152.40 square meters of 152.40 square meters of Class 1 neighborhood living facilities, 28.98 square meters of 2nd floor, 28.98 square meters of 1st floor of Class 1 neighborhood living facilities of Class 2 attached to the 1st floor of the general steel structure, for the purpose of a logistics warehouse and office (hereinafter “each building of this case”) on the instant land (hereinafter “each building of this case”), and run a soundproofing business, etc. with the trade name “E” from the place of registration of initial ownership.
C. The Defendant had engaged in the business run by the Plaintiff at the time, and on January 31, 201, the Plaintiff, around that time, prepared an agreement with the Defendant on the following contents:
(hereinafter “instant agreement”). On February 1, 2011, the Plaintiff completed the registration of the establishment of a mortgage consisting of the Plaintiff and the maximum debt amount of KRW 195,00,000 to the Defendant with the land and buildings in the instant case as joint collateral.
The loan amount of KRW 150,00,000 is the amount equivalent to the 50% share of the value of the land and building in Kimpo-si (market price as of January 31, 201), and the defendant establishes a right to collateral security and agrees to secure a 50% share of the common investment as follows:
Article 1: Principal shall be repaid until January 31, 2014.
Article 2:The above amount shall not be a separate interest for principal in the amount of 50% share of the investment.
Article 3:The above borrowed amount shall be calculated by reflecting the market price as of January 31, 201, and the amount shall be increased or decreased by reflecting the market price at the time of repayment of the debt.
Article 4:Where repayment is not made within the due date, it shall be immediately made.