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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 December 18, 2006, D, which practically operated C, concluded a sales contract with a view to constructing a building on the land of 3,157 square meters, 780 square meters in Incheon, Incheon, Incheon, which was owned by the Plaintiff, and 48 square meters in G, G, 48 square meters (hereinafter “three lots of land before the division”), to purchase three lots of land before the division from the Plaintiff as KRW 60 million in the purchase price.
B. On December 21, 2006, D had the Plaintiff establish a right to collateral security with respect to the three parcels of land before subdivision as the maximum debt amount of KRW 4.6 million with respect to the land before subdivision, and had the Plaintiff obtain a loan of KRW 290 million with respect to the said three parcels of land from the strengthened military forestry cooperative, and then paid KRW 200 million among them to the Plaintiff as the down payment.
C. D and the Plaintiff agreed to obtain a construction permit in the name of the Plaintiff with respect to the building to be newly constructed on the three parcels of land before subdivision. Accordingly, on April 3, 2007, the Plaintiff was granted a construction permit to construct the building on the three parcels of land before subdivision by designating himself as the owner of the building, and the same month.
5. The power of delegation was drawn up to D with respect to all rights and actions with respect to the construction of the above building, such as authorization, permission, construction, sale in lots, etc.
D On June 1, 2007, on the land of this case, 3,157 square meters of land E and 2,301 square meters of forest land and H 856 square meters of forest land, and 780 square meters of land before F prior to the division was divided into 356 square meters of land and 424 square meters prior to I (the sum of 4 lots of land and 48 square meters of land after the division and 48 square meters of land) and 2 multi-family housing (hereinafter “the instant loan”) was newly constructed on the land of E and F among each of the instant land.
E. Meanwhile, on April 25, 2007, D had the Plaintiff cancel the right to collateral security under the name of the reinforced military forestry cooperative with respect to the three parcels of land before the division, and the maximum amount of debt against the small credit cooperative.