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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 November 22, 2010, the Plaintiff borrowed KRW 120 million from the Defendant on November 22, 2010 (hereinafter “instant loan”). On November 22, 2010, the Plaintiff is KRW 120 million from the Defendant (hereinafter “instant loan”).
(1) The real estate listed in the separate sheet No. 1 of the Plaintiff’s ownership (hereinafter “instant land”) and the real estate listed in the separate sheet No. 2, 3, 4, and 5 of the separate sheet No. 2, 3, 4, and 5 of the Plaintiff’s ownership as a security for the loan, and all of them are “instant real estate
(2) On November 18, 2010, the Plaintiff prepared a loan certificate stating the above fact with the Defendant on the following grounds: (a) on November 18, 2010, the Plaintiff completed the registration of the establishment of a mortgage with the maximum debt amount of KRW 170 million with respect to the amount of KRW 1/2 shares in C forest land 1,444 square meters; (b) 1/2 shares in D forest land 3,424 square meters; (c) 81 square meters in Emiscellaneous land in Chungcheongnam-gun, Chungcheongnam-do; (d) 106 square meters in F forest land; (e) 518 square meters in G miscellaneous land; and (e) 200 million in H miscellaneous land.
3) On the other hand, on April 17, 2012, the Defendant completed the registration of creation of the above collateral security on the ground of the transfer of contract. (B) On December 17, 2010, the Plaintiff sold the instant real estate between the Defendant and the purchase price of KRW 600 million on December 17, 2010; (c) was paid the down payment of KRW 70 million on the date of the contract, and the remainder was paid at the same time as the delivery of documents necessary for the registration of the transfer of ownership, and entered into a sales contract with the following special agreement:
(hereinafter “instant sales contract”). Special agreement
1. On the registry, the seller will cancel the right to collateral, the cancellation of the right to collateral, the cancellation of the right to collateral, the cancellation of the right to collateral, the cancellation of the right to collateral, the cancellation of the right to collateral, the cancellation of the right to collateral and the cancellation of the right to collateral, No. 5, the right to collateral, the right to collateral and the right
2. The balance shall be paid when cancellation is made at once of the terms of the special agreement.
3. The seller shall make up for the amount of KRW 70,000,000 as the down payment in the event that the seller fails to perform the contract within 30 days from the date of the sales contract for one of the matters
4. Section B shall apply to the above immovables.