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1. The plaintiff's claim is dismissed.
2. On July 21, 2017, this Court has regard to cases of application for suspension of compulsory execution of 2017 Chicago150
Reasons
Basic Facts
The Plaintiff is the owner of the real estate listed in the attached Table (hereinafter referred to as “instant real estate”).
On December 17, 2015, the Plaintiff borrowed KRW 183,910,00 from the Defendant at an interest rate of 2% per month, and on May 17, 2016, the due date for repayment (hereinafter “instant secured obligation”), and entered into a mortgage contract with the Defendant on December 22, 2015, which provides the maximum debt amount of the instant real estate as KRW 240,00,000 with respect to the instant real estate. On the same day, on the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the Defendant on December 22, 2015, under the status of KRW 85558, which was received on December 22, 2015 from the original district court, in relation to the instant real estate.
[Based on the premise that there is no dispute, Gap evidence Nos. 6, Eul evidence Nos. 1-2, 2 through 6, and 8 of Eul evidence Nos. 1-2, and the purport of the whole argument of the plaintiff as to the purport of the argument as a whole, Eul borrowed a total of KRW 250,00,000 from the defendant for the construction project of "D" and borrowed additional KRW 183,910,000 in the name of the plaintiff on December 17, 2015 when the balance of the borrowed money remains.
C On January 4, 2016, the Defendant, as his representative, sold to E bonds of 12,200,000,000 won among the “D’s electric source housing (hereinafter “instant electric source housing”) A, 202, 402, 503, B, 201, 202, 401, 101, 102, 401, 402, and 402, together with the amount of KRW 1,44,00,000,000 (A Dong, KRW 11,20,000,000,000,000,000 won, and KRW 12,3,000,000,000 for each of the instant electric source housing units, and KRW 1.2,00,000,000,000 for the remainder of the amount of the purchase.
In addition, C made payment in kind to the defendant of the F 535 square meters in the wife population in Chungcheongnam-si.
Since the secured debt of this case has ceased to exist due to the above offset and payment in kind, the defendant shall provide the plaintiff with the real estate of this case.