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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 September 7, 2011, the Plaintiff entered into a contract with the Defendant to sell the real estate listed in attached Form 1 (hereinafter “instant real estate”), which is owned by the Plaintiff, to the Defendant in the amount of KRW 710 million, and completed the registration procedure for transfer of ownership to the Defendant on the same day.
B. On August 24, 2011, the Defendant paid KRW 10 million to the Plaintiff. Moreover, until September 6, 2011, the Defendant paid KRW 210 million to the Plaintiff. At the time of concluding the instant sales contract, the Defendant, including KRW 30 million, paid the down payment to the Plaintiff. At the time of concluding the instant sales contract, the Defendant determined the down payment as KRW 250 million, including the deposit to be paid by the Plaintiff.
C. The instant real estate was completed on September 23, 2003, the maximum debt amount of KRW 168 million, the debtor C, and the Dongsansan Agricultural Cooperative, Inc., and the registration of the establishment of a mortgage was completed on September 3, 201. However, the defendant completed the registration of the alteration of the right to collateral security changing the debtor into the defendant on September 3, 201 due to the acquisition of the contract.
No. 3 The registration of creation of a neighboring mortgage was cancelled on November 14, 2013.
On September 14, 201, which was after the conclusion of the instant sales contract, the Defendant completed the registration of the establishment of a neighboring mortgage (14th mortgage) and the maximum debt amount with respect to the instant real estate in the amount of KRW 160 million, the obligor, the Defendant, and the right holder C, and the registration of the establishment of a neighboring mortgage (15th mortgage) with the obligor, the Defendant, and the right holder C was cancelled on June 25, 2012. The registration of the establishment of a neighboring mortgage (14th mortgage) was cancelled on November 14, 2013, which was the date of cancellation of the instant sales contract (3rd mortgage).
E. On September 26, 201, the Defendant paid KRW 130 million to C for the instant purchase price, and paid KRW 70 million to the Plaintiff.
F. In addition, the Plaintiff paid the Defendant totaling KRW 294,60,000 from 2012 to April 1, 2014 as indicated in attached Table 2.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, and Eul evidence 1 to 6;