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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 3, 2007, the Defendant paid to the Plaintiff KRW 30 million with the interest rate of KRW 50 million per month, interest rate of delay rate of KRW 50 million per month, and due date of payment on July 3, 2007 after deducting advance interest and various fees. On March 3, 2007, the Defendant paid KRW 42 million by deducting the interest rate of KRW 30 million from the interest rate of KRW 30 million per month, interest rate of delay rate of KRW 5% per month, and interest rate of loans borrowed on September 3, 2007.
(hereinafter referred to as the above two loans are collectively referred to as “instant loans”). (B)
On January 3, 2007, with respect to the registration of the establishment of a mortgage-backed apartment Nos. 1612, 703, 712, 703 (hereinafter “instant apartment”) owned by the Defendant on January 3, 2007, the Plaintiff completed the registration of the establishment of a mortgage-backed apartment with the maximum debt amount of KRW 45 million against the Defendant, and the registration of the establishment of a mortgage-backed apartment with the maximum debt amount of KRW 30 million against E, and on March 7, 2007, with the maximum debt amount of KRW 45 million against the Defendant.
C. On July 2007, the Plaintiff intended to obtain a loan from a financial institution, but difficult to obtain a loan, and requested the Defendant to sell the apartment house of this case to pay the principal and interest of the loan of this case with the purchase price, and to pay the Plaintiff’s overdue credit card payment with the remaining money. On July 10, 2007, the Plaintiff introduced the Appointed from the Defendant to the purchaser, and entered the Defendant into a pre-sale contract with the buyer at KRW 330 million with the buyer at KRW 330 million, and documents necessary for provisional registration and this registration, including a real estate sales contract and a certificate of personal seal impression for sale.
On July 11, 2007, the Defendant received KRW 117 million from the husband F of the apartment in this case from the Appointor C, and the Plaintiff received KRW 100 million from the Appointor C on the same day, and the Plaintiff’s claim for transfer of ownership does not exceed the provisional registration for transfer of ownership on the ground of the pre-sale agreement on July 10, 2007.