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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 22, 2011, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 500,000,000 as to the amount of KRW 1,654 square meters (hereinafter “instant real estate”) in Sung-nam-si, Sung-si (hereinafter “instant real estate”) and KRW 50,000 as the down payment and KRW 100,000 as the intermediate payment and KRW 100,000 as the contract date, July 22, 2011, which is the contract date, to purchase each payment of KRW 350,000,000 as of September 30, 201 (hereinafter “instant sales contract”). The Plaintiff paid the Defendant the purchase price of KRW 150,00,000 among the purchase price.
B. On July 22, 2011, the Plaintiff borrowed KRW 300,000,000 from D, and completed the registration of the establishment of a mortgage on the instant real estate as collateral, consisting of the mortgagee E, the maximum debt amount, 360,000,000.
With respect to the instant real estate, on December 30, 201, the additional registration of the transfer of the right to collateral security was completed in the name of the District EM Investment Consulting Loan Co., Ltd. on the ground of the transfer of the contract.
C. The Plaintiff failed to repay the above borrowed money, and the Plaintiff applied for voluntary auction with the Suwon District Court Sung-nam Branch F for the instant real estate, and the instant real estate was sold to a third party in the auction procedure.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 3 (including a branch number), the purport of whole pleadings
2. The plaintiff's assertion and judgment
A. The summary of the Plaintiff’s assertion 1) The Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 250,000,000 with respect to the instant real estate; however, in order to collect KRW 300,000,000 from D as collateral for the instant real estate, the Plaintiff merely stated the sale price of KRW 50,000 in the sales contract as collateral. The officially announced price of the instant real estate at the time is KRW 55,540,800, and the market price of the instant real estate is only KRW 181,830,000 as a result of appraisal conducted during the auction procedure for the instant real estate.