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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. Basic facts
A. The Plaintiff newly constructed an aggregate building Down, which is an aggregate building, on the ground of Incheon Strengthening-gun C, but was urged by construction business operators, such as E, to pay the construction cost by selling the above Down around December 2010 while the Plaintiff was unable to pay the construction cost, and delegated E with the completion and sale of the above Down.
B. On September 201, 201, E introduced F to the Plaintiff as the purchaser of the loan, and G requested H, who was aware of the loan to purchase the loan again from F, to lend the purchase price.
Accordingly, H notified the above contents to I certified judicial scrivener who was aware of, and requested the lending of the purchase price with the loan of this case as security, and I introduced the defendant of friendship.
C. Accordingly, on September 9, 201, the Plaintiff entered into a sales contract with F as to 101, 102, 201, 301, and 302 (hereinafter collectively collectively referred to as “the instant loan”) among the above buildings (hereinafter collectively referred to as “instant sales contract”), and determined the sales amount of KRW 350,000,000 on the same day, and paid the down payment of KRW 100,000,000 on the same day, and the remainder of KRW 250,00,000 on October 20, 201. Some of the remainder amounts shall be paid with the instant loan from the bank as collateral, and the Plaintiff agreed to bear the expenses incurred in the preservation of ownership, and the Defendant loaned KRW 120,00,000 on the interest rate of October 9, 201 and the Defendant loaned KRW 120,000 on the same day.
With respect to the instant loan, on September 9, 201, the registration of preservation of ownership was completed under the Plaintiff’s name on the same day, and on the same day, the registration of establishment of a mortgage was completed on the basis of the maximum debt amount of 180,000,000 won, and the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) on the Plaintiff and the mortgagee, and on September 16, 201, the registration of alteration of the right to collateral security changed to G was completed
E. On October 28, 201, the Plaintiff sold Nos. 201 and 302 of the Loan of this case to the Defendant via I, and the principal amounting to KRW 48,00,000, interest amounting to KRW 400,000.