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1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Around October 2008, Defendant 1 Korea Dental Supervisors Association (hereinafter “Defendant church”) and A (hereinafter “A”) entered into a contract for construction works and a land sales contract (hereinafter “instant contract”) with the following content.
A contract for construction works: The contractor - The defendant church, the contractor - the content of the A construction - the contract amount of the construction works for the ground church construction of the lots of eight parcels of land outside the Gangnam-si - the 7.3 billion won for construction period: the seller - the defendant church, the buyer - the buyer - the object A - the sale price of each real estate indicated in the attached Table of real estate (hereinafter referred to as the "each of the attached properties of this case") - A and the defendant church made a special agreement as follows (hereinafter referred to as the "special agreement of this case") as to the payment of the construction price and the payment of the purchase price of the land at the
① Of the land sale price of KRW 10 billion, KRW 7.3 billion shall be substituted for the construction cost, and KRW 3.23 billion for the secured debt of the right to collateral security established on each of the instant real property shall be acquired by A, and KRW 500 million for which A bears the above secured debt and KRW 500 million for which A bears the above secured debt shall be paid to A by the Defendant church.
(2) A may obtain a loan with the real estate of this case as security during the new church construction works, and A shall bear interest thereon.
A was granted a loan of 5 billion won from the National Federation of Fisheries Cooperatives on September 3, 2009 under the name of the Defendant church in accordance with paragraph (2) of the instant special agreement, and as a security therefor, a collective security right was established against each of the instant real estate owned by the Defendant church as "the maximum claim amount of 6.5 billion won, the debtor church, and the National Federation of Fisheries Cooperatives of the Defendant church."
Since then, on March 2, 2012, A borrowed 5 billion won from a new bank that was a stock company on March 2, 2012 and repaid the above loans to the National Federation of Fisheries Cooperatives.