정산금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 8, 199, the Defendant completed the registration of ownership transfer with respect to CY 3,375 square meters in Gwangju-si, Gwangju-si, and owned the said registration. However, the said land was divided on May 24, 2006 and divided into CY 420 square meters and D 2,955 square meters, and thereafter, each of the said land was changed into “BA” on July 5, 201.
(hereinafter referred to as “instant land” in this case. B.
As to KRW 100 among the instant land, the Plaintiff and the Defendant drafted a sales contract stating that “The date of conclusion of the contract: August 23, 2004; the purchase price: KRW 40 million (in case of a contract, KRW 10 million shall be paid at the time of the completion of the building; KRW 10 million in the intermediate payment; KRW 10 million in the intermediate payment; KRW 20 million in the event of the construction of the building); and the special terms and conditions: Transfer and development issues shall be dealt with by mutual agreement.”
C. 1) The Defendant is the first month agricultural cooperative for the instant land (hereinafter “the first month agricultural cooperative”).
On September 23, 2002, the maximum debt amount of KRW 140,000,000 (the subsequent maximum debt amount of KRW 230,000,000 on June 16, 2005, and the subsequent maximum debt amount of KRW 290,000,000 on July 18, 2006, respectively, was modified.
(2) On July 14, 2007, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 35 million on July 30, 2004, and on April 23, 2007, with each of the maximum debt amounts of KRW 195 million on April 23, 2007. (2) On the instant land, the Plaintiff revoked the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 250 million on August 14, 2007, and the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 20 million on November 29, 2008.
3. As to the instant land, the Defendant completed the registration of the establishment of a mortgage on August 18, 2008 and June 11, 2012 with the maximum debt amount of KRW 65 million to the Seocho Agricultural Cooperative.
On November 21, 2007, the Plaintiff and the Defendant: “The instant land is owned by the Defendant; however, the Plaintiff’s funds included in the purchase of the land at the time of the purchase of the land; and the Plaintiff’s succession to the obligation to KRW 190 million for the first month agricultural loans of the said first month established as collateral on the said land.”