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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 3, 2013, the Defendant leased KRW 300 million per annum to the Plaintiff on December 3, 2013, the interest rate of KRW 30% per annum, KRW 30% per annum on the payment date of interest, KRW 30% per annum, and KRW 300 million per annum on December 2, 2013. In order to secure the foregoing loan obligations, the Defendant completed the registration of the establishment of a mortgage by setting the debtor as KRW 450 million with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).
B. On November 22, 2013, the Defendant leased KRW 30 million per annum to the Plaintiff on the date of payment of interest, KRW 30% per annum, KRW 30% per annum on the date of payment of interest, KRW 400 million per annum, and due date on March 2, 2014. In order to secure the foregoing loan obligations, the Defendant completed the registration of the establishment of the neighboring mortgage by setting the debtor as KRW 60 million to the Plaintiff, the mortgagee, and the maximum debt amount
C. On February 28, 2014, the Plaintiff and the Defendant entered into a real estate sales contract with the following terms: (a) KRW 3.5 billion for the instant real estate; (b) KRW 700 million for the loan as of September 3, 2013 and the loan bonds as of November 22, 2013; and (c) KRW 2.8 billion for the remainder as of November 22, 2013; and (b) the Defendant entered into a real estate sales contract with the following terms: (a) in lieu of the payment of the purchase price, the Plaintiff and the Defendant paid KRW 2.1 billion for the Plaintiff’s loan to the Plaintiff and the obligation to return the lease deposit; and (b) at the same time, at the same time, the said contract and the said contract entered into an additional agreement with the effect that “if the seller pays the total amount of KRW 700 million for the purchase by May
On March 28, 2014, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the instant real estate on the same terms and conditions as the sales contract on February 28, 2014, and added the following special terms and conditions:
1.The down payment and intermediate payment are replaced by KRW 700 million that the buyer (the Defendant) lent to the seller (the Plaintiff), and the remainder 2.8 billion won (the remainder) is the same credit union as the mortgagee of the right to collateral security.