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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 16, 2017, the Plaintiff’s instant sales contract and registration 1) Plaintiff’s denying D is issued with a certificate of personal seal impression and a certified copy and abstract of resident registration for the sale of real estate under the Plaintiff’s name, and at the office of a certified judicial scrivener F in E in the 17th week of the same month, the Plaintiff’s agent and the Defendant owned 200 square meters of land as the Plaintiff’s agent (hereinafter “instant land”).
(2) A sales contract for selling the sales price of KRW 211,750,000 is concluded (hereinafter “instant sales contract or sales contract”).
(3) On March 3, 2017, on March 3, 2017, the registration of ownership transfer (hereinafter referred to as “registration of ownership of this case”).
(2) The Defendant paid KRW 50,000,000 in total to D as down payment and intermediate payment on the date of concluding the instant sales contract.
Then, the Defendant deposited 27,030,000 won in the Plaintiff’s G Union Security Loan Account (H) on the same day, and deposited 62,300,000 won in the Plaintiff’s I Security Loan Account (J) on March 20, 2017, and 70,420,000 won in the Plaintiff’s K Bank Account (L; hereinafter “Plaintiff Account”) respectively.
B. The registration date of this case’s ownership registration following the repayment of collateral loans was front and rear, and the registration date of the establishment of a neighboring mortgage, which was completed with the Plaintiff’s share in the instant land and M M M 1300 square meters, was cancelled as follows, depending on the repayment of the secured debt.
On June 30, 2010, June 30, 2010, including a right holder entitled to registration for the purpose of registration, the establishment of the first priority mortgage right, which was created on June 30, 2010, shall be terminated on September 17, 2014, 200,000 won, 50 million won or more of the maximum debt amount of the contract, i.e., e., joint-mortgage i-mortgage i-mortgage i-mortgage i-mortgage i-mortgage i-mortgage, which was created on September 17, 2014 on September 27, 2014, 2016, 300 won, 50 million won or more of the maximum debt amount of the contract, i-mortgage i-mortgage i-mortgage M& i-mortgage i-mortgage i-mortgage 2, 2017 on March 2, 2017.
(c) criminal judgment against D 1.