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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. On November 14, 2008, the Defendant concluded a sales contract with D, a member of the C&N association, to purchase the rights of D as a member of D, 1,210,902,692 of the Dongjak-gu Seoul E-building No. 109, which is being constructed, from D, and paid D totaling KRW 484,361,076.
B. Since then, in order to secure the return of the purchase price already paid, the right to collateral security and the maximum debt amount under the name of the Defendant was respectively set at KRW 216,902,328, with respect to the above E-building Nos. 109 and 610, the right to collateral security and the maximum debt amount under the name of the Defendant was set at KRW 242,180,538, May 26, 201, with the joint collateral set at Nos. 109 and 610.
C. In addition, regarding the above E-building Nos. 109 and 610, the right to collateral security in the name of the redevelopment and rearrangement project association, which held the maximum debt amount as KRW 570 million on May 26, 201, was set lower than the respective right to collateral security in the name of the Defendant as seen earlier, and on March 5, 2014, the said right to collateral security and its secured debt were transferred to the Plaintiff.
However, as disputes arise between the Defendant and D regarding the validity of the sales contract and the refund of the already paid sales price, the Defendant filed an application for voluntary auction of the said real estate with the Seoul Central District Court F based on the right to collateral security as seen earlier, and the procedure was commenced. D filed a lawsuit against the Defendant for cancellation of the said right under the court 2013Kadan1857555, and the Defendant and D agreed on October 27, 2014 in the process of the said voluntary auction procedure and litigation procedure with the following content.
① The D and the defendant shall agree on and cancel the above sales contract for the above No. 109.
(2) D shall waive all monetary rights, such as late payment charges and liquidated damages, following the cancellation of a sales contract.
3. D withdraws the lawsuit claiming the cancellation of the above right to collateral security filed against A, and the defendant at the same time.