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1. The Plaintiff’s primary claim against Defendant B agricultural cooperatives and the Defendants’ preliminary claim are all satisfied.
Reasons
1. Basic facts
A. The Plaintiff’s joint purchase of land and new construction of a building together with E, F (hereinafter “joint investors”) shall jointly purchase and develop a total of 11 lots of land including 722m2m2 (hereinafter “instant land”) and 3,329m2 (hereinafter “instant land”). A sales contract with the owner of the instant land was concluded on June 15, 2005 with the Plaintiff on June 23, 2005 with respect to the instant land, the Plaintiff completed the registration of ownership transfer on June 23, 2005 with the name of J, a neighboring resident, and completed the registration of ownership transfer on June 23, 2005 by trusting the instant land under the name of J, a neighboring resident.
On the ground of the instant site, the Plaintiff newly constructed a 472.5 square meters and 67.5 square meters in the office of a Class II neighborhood living facility (hereinafter referred to as the “instant building”) located in the office of light metal structure, and completed the registration of initial ownership on April 8, 2008.
B. On April 7, 2008, the Plaintiff entered into a joint mortgage agreement with Defendant Agricultural Cooperative on the instant site and building as joint collateral. On April 8, 2008, the Plaintiff completed the registration of creation of a neighboring mortgage with the Plaintiff as the obligor, and was loaned KRW 1 billion from the said Defendant.
Then, on June 18, 2010, the Plaintiff did not pay interest on the above loan to Defendant Nonghyup, and Defendant Nonghyup filed an application for voluntary auction on the instant land and building with the Suwon District Court Pyeongtaek Branch Branch of Suwon District Court for the auction on the instant land and building. On June 21, 2010, the said court rendered a decision to commence voluntary auction on the land and building (hereinafter “instant voluntary auction”), but failed twice.
Defendant Nonghyup withdrawn the application for voluntary auction of this case on April 13, 2011, and on the site and building of this case on April 18, 2011.