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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. The following facts are found either as a matter of dispute between the parties or as a whole as a whole in each entry of evidence Nos. 1, 2, 7, 8, 10, 12, 15, 17, and 18.
A. On June 10, 2013, the Plaintiff was a practicing licensed real estate agent registered with the head of Suwon-gu Busan Metropolitan City Office and completed the registration of his/her agent for purchase on February 21, 2014.
B. The Defendant’s father C independently owned 1/2 shares among 165 square meters in Busan Shipping Daegu D, and the building located on the ground (hereinafter “instant real estate”), but E completed the registration of the establishment of a joint collateral for the debtor as to the instant real estate at KRW 250 million on March 25, 2013 by combining land shares and buildings (hereinafter “instant real estate”).
C. On September 12, 2013, E received a decision of voluntary commencement of auction from Busan District Court Branch F of Dong Branch, and completed the same day entry registration.
On February 2014, the Plaintiff and the Defendant agreed with respect to the withdrawal of the auction of the instant real estate (hereinafter “instant agreement”) during the instant voluntary auction procedure, and the main contents are as follows.
The delegation contract to withdraw the court auction
1. The purpose of this contract is to request consulting services with respect to the cancellation and withdrawal of the auction of the real estate in this case.
2. The cost of consulting services shall be 1% of the court appraisal price of 500,000 won.
3. The defendant shall pay the consulting service cost immediately after the court auction is withdrawn.
(e) immediately after withdrawal shall be based on the time when a financial institution loans to cancel, cancel, or withdraw on a registry. (e)
The appraised price of the instant real property assessed in the voluntary auction procedure is KRW 347,647,800 (=the land shares of KRW 330 million other than KRW 8,181,00,000, buildings other than KRW 9,466,80).
F. C, on March 10, 2014, the instant real estate was loaned approximately KRW 1550 million from the Jinju Savings Bank Co., Ltd. as joint collateral, with a loan of approximately KRW 155 million to E.