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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On or around March 5, 2010, the Plaintiff’s loan claim against C does not have any intent and ability to repay, and not only intends to obtain D’s consent with respect to the establishment of the right to collateral security (hereinafter “the instant land”) from C, who did not obtain consent from the Defendant or the Defendant, with respect to the establishment of the right to collateral security (hereinafter “the instant land”). If the Plaintiff borrowed KRW 500 million, the Plaintiff would have 3% interest per month and repaid the instant land after three months. The Plaintiff would have set up a right to collateral security of KRW 80 million with respect to the instant land as collateral for the loan amount. The Plaintiff borrowed KRW 369,93,835 in total under the name of the purchase price of the instant land from D. The Plaintiff borrowed KRW 369,93,835 in total as the purchase price of the instant land.”
B. On March 5, 2010, the Defendant entered into a sales contract with C to sell the instant land as follows (hereinafter “instant sales contract”).
(1) Article 1 (Special Terms and Conditions 1) of the Act provides that “A purchase and sale reservation shall be made under the name of C, and both parties shall faithfully comply with the permission for a land transaction contract after the completion of the building.” Article 2 (Special Terms and Conditions 2) of the Act stipulates that “A shall pay the purchase and sale agreement amount by dividing the purchase and sale agreement amount into one and two occasions after the completion of the building due to the circumstances described in C.” Article 3 (Sale Price) shall sell the subject matter of the purchase and sale reservation to C at KRW 1.23 billion. The Defendant shall sell the subject matter of the purchase and sale reservation to C at the same time, at the same time, at the time pay to the Defendant the purchase and sale agreement at KRW 350 million,000,000,000,000,000,000 won, from March 5, 2010 on June 30, 2010 as follows: