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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the voluntary auction, preparation of a distribution schedule, and the progress of a prior suit;
A. 1) The Plaintiff is not obligated to enter the administrative district in front of Chuncheon City Dri (hereinafter “Dri”) and indicate the land category and area of the land, which is established for the purpose of housing construction business and building construction business.
) E’s electric house construction project (hereinafter “instant project”) at the same time.
2) The Defendant is an overseas Korean with Austria nationality, F is the Defendant’s husband, and G is the F’s friendship.
B. On November 30, 2015, G on behalf of the Defendant on the instant joint project agreement and loan agreement 1) A joint project agreement with the Plaintiff and the Defendant to pay KRW 1 billion in relation to the instant project and distribute the proceeds therefrom to Defendant 50% and Plaintiff 50% (hereinafter “instant joint project agreement”).
(1) The loan agreement of this case (hereinafter “the loan agreement of this case”) between the Defendant and the Plaintiff to lend KRW 1 billion (hereinafter “the loan agreement of this case”).
2) The Defendant paid to the Plaintiff KRW 1 billion in total of KRW 300 million from February 22, 2016 to February 25, 2016.
3) On December 1, 2015, the Plaintiff’s land E, H, I, J, K, and L (hereinafter “E and five parcels”).
(C) On February 19, 2016, the Defendant entered into an agreement with the Plaintiff on February 19, 2016, stating that “The registration of the establishment of the creation of the mortgage under the name of the Defendant in the instant land E shall be cancelled, and instead, at any time at the request of the Defendant, re-established the right to collateral security at any time.”
2. On February 22, 2016, the defendant registered the establishment of a neighboring mortgage in the name of the defendant on land E.