Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On December 26, 2011, the Plaintiff entered into a sales contract with H on an official city prior to the division, I, J, and K (hereinafter “instant land prior to the division”), and completed the registration of ownership transfer on the same day.
B. On December 23, 2011, the Plaintiff agreed to borrow KRW 250 million from the Defendants at an annual interest rate of 36%, and agreed to the Defendants to set up a right to collateral security on the land before the instant partition.
C. On December 26, 2011, around 15:55, the Defendants completed the registration of the establishment of each of the neighboring areas as of December 26, 201, by setting the debtor, the Defendants, the Defendants of the neighboring mortgage, the maximum debt amount of KRW 375,00,000,000,000 for the land prior to the instant partition, as of December 26, 201.
On the other hand, among the land before the instant partition, I was divided into L, M, and N on January 9, 2013, and the said divided L was divided into I, L, and N on April 3, 2014.
Of the land before the instant partition, K was divided into K,O, and P on April 20, 2012.
Of the land before the instant partition, the J was divided into Q, R, S, T, Q divided into Q, Q, U on September 13, 2012, and U on October 4, 2012, the said divided U was divided into U, V, W, X, and the said divided U was divided into U,Y, and Z on January 12, 2015.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, 12, 28, 38, Eul evidence 1 (including the number of pages), the purport of whole pleadings]
2. Determination as to the cause of action
A. The Defendants asserted by the parties 1 Plaintiff were to lend KRW 250 million out of the purchase price of the land before the instant partition to the Plaintiff.
On December 25, 2011, the Plaintiff agreed to set up a right to collateral security to secure the above loan on the land prior to the instant partition with the Defendants around December 25, 201 upon AA’s request, and completed the instant right to collateral security on December 26, 201.
Nevertheless, the Defendants, on December 26, 201, paid the above amount, which is the collateral obligation of the instant right to collateral security.