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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 28, 1989, the Plaintiff completed the registration of ownership transfer based on sale as to the real estate No. 1 listed in the [Attachment List No. 1] (hereinafter “real estate No. 1”), and on November 29, 201, the real estate No. 2 listed in the [Attachment List No. 2] as of November 29, 201 (hereinafter “instant real estate”) is “each of the instant real estate”.
The registration of preservation of ownership has been completed.
B. The Plaintiff is referred to as “D below D”) on March 9, 2012.
As to each of the instant real property, the “mortgage” of the maximum debt amount of KRW 339,60,000 is deemed to be the “mortgage” of the instant case.
B. A loan of KRW 280,000,000 was granted from the D above.
On August 20, 2015, D’s application for voluntary auction based on the instant right to collateral security was initiated with respect to each of the instant real estates on August 20, 2015.
1. Real estate indicated in each of the instant real estate;
2. The purchase price of KRW 450 million in the terms of the contract: The remainder that is paid at the time of the purchase and sale contract: 350 million won in the terms of the contract: Payment on November 5, 2015 (Special Agreement)
1. The voluntary auction (No. 27485) received on August 20, 2015 shall be withdrawn at the time of any balance.
2. A certified copy of the register shall be the status of creation of a collateral security of KRW 339,600,000,000, and shall apply for cancellation after full reimbursement of the remainder.
C. On October 15, 2015, the Plaintiff and the Defendant, the birth of the Plaintiff, drafted a real estate sales contract (hereinafter “instant sales contract”) with respect to each of the instant real estate as follows.
After completing the registration of ownership transfer with respect to each of the instant real estate on November 5, 2015, the Defendant created a mortgage of KRW 360,000,000 with respect to each of the instant real estate to D and repaid the above loan obligation, which is the secured debt of the instant mortgage, with loans of KRW 300,000 from said D.
D withdrawn the above application for voluntary auction, and cancelled the registration of creation of a mortgage in the vicinity of the instant case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 6, and Eul.