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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 30, 2015, the Plaintiff completed the registration of transfer on the ground of sale (transaction price of KRW 81 million) on December 21, 2015 with respect to Seo-gu, Seo-gu, Seo-gu, Seo-gu C apartment D (hereinafter “No. 1”) on December 30, 2015, and completed the registration of transfer on the ground of sale (transaction price of KRW 46 million) on the Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “No. 2”) E (hereinafter “Cheong-gu”) on December 24, 2015.
B. On December 31, 2015, the Plaintiff completed the registration of creation of a mortgage over KRW 7222 billion with the maximum debt amount on the ground of the contract on December 31, 2015, based on the joint collateral between the buildings, etc. and the F Association (hereinafter “F”), and was loaned from F under the name of the Plaintiff.
C. The Defendant completed the registration of ownership transfer of a building No. 1 on March 21, 2017 due to sale on March 9, 2017 (transaction price of KRW 81 million) and completed the registration of ownership transfer based on sale on March 9, 2017 (transaction price of KRW 46 million) with respect to a building No. 2.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion entered into a sales contract with the Plaintiff on March 9, 2017 to purchase buildings Nos. 1 and 2 with the Plaintiff, and the Plaintiff agreed to acquire and repay the Plaintiff’s debt of KRW 44 million, KRW 21 million, and KRW 65 million with respect to the first building of the Plaintiff F, but the Defendant did not perform the procedure for accepting each of the above loans thereafter, and did not pay interest.
Accordingly, the plaintiff claims against the defendant for compensation for damages due to the defendant's default as above, the total of KRW 65 million of the principal of each of the above loans and damages for delay from the day following the delivery of a copy of the complaint of this case.
B. The facts acknowledged prior to the judgment and the evidence alone are sufficient to support each of the above loans owed by the Defendant to the Plaintiff.