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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The building of 309 square meters in Ulsan-gun, Ulsan-gun, a Ulsan-gun, and the 2nd floor of the brick and the block slive roof (hereinafter “instant real property”). E was owned by E, while E was granted loans from Onnuri Agricultural Cooperatives (hereinafter “Nyang Agricultural Cooperatives”). On July 25, 2007, E completed the registration of creation of a neighboring mortgage with regard to the instant real property by reason of a contract establishing the same day on the same day.
On November 19, 2010, E cancelled the registration of creation of a neighboring mortgage in the name of F, which was established as a subordinate to the lower priority on the ground of the termination on November 19, 2010, on the ground of the debt security against the Defendant, Lee Jong-soo, the registration of establishment of a neighboring mortgage with respect to the instant real estate was completed on November 25, 2010, with the maximum debt amount of 120,000,000 won, and on May 27, 2011.
B. On June 7, 2011, the Plaintiff concluded a contract with E to purchase the instant real estate amounting to KRW 295,000,000,000. At the time of the conclusion of the said contract, E notified the Plaintiff that only the establishment of a mortgage in the name of Yangyang Agricultural Co., Ltd. regarding the right to collateral security established on the instant real estate exists, and the Plaintiff believed that the Plaintiff acquired KRW 100,000 and paid KRW 70,00,000 for the repayment of the Defendant’s loans to Yangyang Agricultural Co., Ltd. and the repayment of the deposit for lease deposit amounting to KRW 125,00,000.
C. Since then, on November 1, 201, the Plaintiff became aware of the existence of the provisional registration of the establishment registration of a neighboring mortgage and the right to claim a transfer of ownership in the name of the Defendant established on the instant real estate, the Plaintiff filed a lawsuit seeking the return of KRW 80,000,000 for the purchase price paid to E, claiming that the said purchase and sale contract was cancelled or cancelled on the grounds of deception against the Plaintiff by the Ulsan District Court 201Ga35738, supra, as to E, and the said court accepted the Plaintiff’s claim against E on June 13, 2012.