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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. The Plaintiff borrowed KRW 35,000 from the Defendant, KRW 20,000 on August 16, 201, KRW 5,000,00 on the 23th of the same month, and KRW 35,000,000 on September 1, 2011 (hereinafter “the instant loan,” and “the instant loan”), and received a total of KRW 4,50,000 after deducting KRW 30,450,00 from August 16, 201 to September 5, 201.
B. On November 1, 2011, the Plaintiff prepared and delivered to the Defendant a certificate of borrowing money with the following content:
(hereinafter “this case’s loan certificate”). The amount of KRW 35,000,000 (Provided, That part 3 of interest per month) is nothing more than borrowing by the obligor A (Plaintiff).
The principal of the interest on the above loan will be repaid to you until December 1, 2011.
C. On November 30, 201, the Plaintiff: (a) filed a registration of the establishment of a neighboring real estate with the Defendant on November 30, 201, the maximum debt amount of KRW 70,000,000 with respect to the general wooden structure and other roofs on the ground (hereinafter “instant land”) and the single-story detached house of KRW 96.48 square meters on the ground (hereinafter “instant building”); and (b) filed a registration of the establishment of a neighboring real estate with the Plaintiff on April 12, 2013 (hereinafter “the registration of the establishment of the instant neighboring real estate”); and (c) filed a registration of the ownership on April 12, 2013 with G for each of the instant real estate on the ground of sale on the land as of April 11, 2013.
On July 5, 2013, the Defendant filed an application for the commencement of voluntary auction of each of the instant real estate to D in this court upon the registration of the establishment of the instant mortgage, and subsequently rendered a decision of commencement of auction on the same day. After which, upon the application of the Plaintiff’s father, the Defendant’s creditor against H and eight real estate including each of the instant real estate (hereinafter “real estate subject to auction”), the Nong Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”), which is the mortgagee of the instant real estate (hereinafter “real estate subject to auction”).