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1. The Defendant purchased and sold on June 27, 2013 with respect to each of the real estates listed in the separate sheet from the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and C are co-owners (each of the instant lands) of each land listed in the separate sheet (hereinafter referred to as “each of the instant lands”) and C are owners of light-framed structure (fluencing flucing type crowdfunding) on the land listed in paragraph (1) of the attached Table No. 1, and 195 square meters (hereinafter “instant housing”) of land located on the land listed in the attached Table No. 1 of the attached Table No. 1, and 195 square meters (hereinafter “instant real estate”).
B. On May 11, 2009, the Plaintiff took out a loan of KRW 220,000,000 from a Do resident mutual savings bank, and completed the registration of creation of a mortgage with respect to the instant real estate at KRW 308,000,000, around the registration of creation of a mortgage with respect to the instant real estate at KRW 220,000.
[The contractual status of the Do resident mutual savings bank is the Do resident mutual savings bank (hereinafter referred to as the "large Savings bank").
(C) On May 10, 2010, the Plaintiff completed a provisional registration under the Plaintiff’s name on May 7, 2010, on each of the land listed in paragraphs (1) through (4), (7) of [Attachment List 1] and the instant housing.
C. Meanwhile, around June 27, 2013, the Plaintiff and D representing C entered into a sales contract with the Defendant to sell the instant real estate in KRW 390,000,000 (hereinafter “instant sales contract”) and received a confirmation note from the Defendant on June 28, 2013 as follows.
① On June 28, 2013, prior to the completion of the buyer’s registration of ownership transfer, C, who is the owner of June 28, 2013, and the Plaintiff, with the consent of the Plaintiff, shall preferentially make a registration of the establishment of a mortgage over the creditor-free electronic amount of KRW 100 million, and immediately deposit the purchase price (the remainder excluding the debt of the savings bank, instead of the real estate established in the instant case, from 390 million to
② On the other hand, the Plaintiff paid the purchase price.