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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received on December 18, 2007 from C Co., Ltd. (hereinafter “C”) the registration of the establishment of a collateral for the real estate indicated in the separate sheet from Busan District Court as the maximum debt amount of KRW 400,000,000, the debtor C, and the mortgagee of the right to collateral security (hereinafter “C”).
(hereinafter “instant collateral security”). B.
On February 13, 2013, D, the actual representative of C, signed a transfer/acquisition agreement with the Defendant on behalf of the Plaintiff (hereinafter “instant transfer/acquisition agreement”) on behalf of the Plaintiff, and prepared a deed of transfer/acquisition of the right to collateral security (hereinafter “instant deed”) under the name of the Plaintiff to the Defendant as follows.
The principal concluded a contract with the debtor C to the debtor, Dong-gu Busan Metropolitan City, Busan Metropolitan City as the maximum debt amount of 400,000,000 won on December 18, 2007, and acquired the right to collateral security, and completed a registration with the Busan District Court on December 18, 2007 as the registration and receipt of the registration No. 70094 on December 18, 2007, transferred to HaHa the claim amount of 400,000,000 won incurred to the above debtor as well as the above collateral security.
C. After that, the Defendant completed the registration of transfer of collateral security (hereinafter “registration of transfer of collateral security”) by the Busan District Court No. 7762, Feb. 20, 2013, regarding the real estate stated in the separate sheet according to the transfer/acquisition contract of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-24, Gap evidence 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the defendant agreed to pay KRW 350,00,000 to the plaintiff in return for the transfer of the right to collateral security in this case. Since the defendant fulfilled his duty to pay up to now, the plaintiff is obligated to cancel the transfer/acquisition contract in this case by delivery of a copy of the complaint in this case. The defendant is obligated to perform the procedure for cancellation of the transfer registration of collateral security in this case
B. The defendant's assertion.