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1. The judgment of the first instance, including the Plaintiff’s claim added in the trial, shall be modified as follows:
2. The defendant.
Reasons
1. Facts of recognition;
A. On November 9, 201, the Plaintiff entered into a sales contract with C to purchase the real estate listed in the separate sheet (hereinafter “instant loan”) in which the Plaintiff had no registration from C (hereinafter “instant loan”) to purchase KRW 150 million until November 11, 201, the purchase price of KRW 100 million was paid by November 11, 201, and the remainder KRW 100 million was decided to substitute for the Plaintiff’s succession to the amount borrowed from the financial institution as security of the said loan (hereinafter “instant sales contract”); and the Plaintiff paid KRW 50 million to C deposit on November 11, 201.
B. On January 31, 2012, C completed the registration of initial ownership relating to the loan of this case. On March 15, 2012, C obtained a loan of KRW 110 million from the Gwangjin-dong Saemaul Bank of Korea, and the maximum debt amount of KRW 143 million with respect to the loan of this case was set up as a collective security (hereinafter “the provisional registration of this case”). On March 19, 2012, C completed the registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) against the loan of this case on March 15, 2012.
C. On May 10, 2013, based on the instant provisional registration, the Plaintiff and C completed the registration procedure for transfer of ownership in the name of the Plaintiff on the ground of sale and purchase as of May 9, 2013. At the time, taking into account the fact that the actual loan of the said right to collateral security was a cause of KRW 110 million, the Plaintiff changed the down payment from the initial purchase price of KRW 150 million to KRW 40 million, and the remainder to KRW 110 million, respectively. The Plaintiff paid the remainder to the Plaintiff as the collateral obligation of the said right to collateral security (hereinafter “the obligation of the instant loan”).
Meanwhile, on the other hand, on December 2, 2012, the Defendant leased the instant loan from C with a deposit of KRW 50 million, the lease period from December 2, 2012 to December 1, 2014 (hereinafter “instant lease contract”), and the move-in report on February 18, 2013.