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1. The Defendant (Counterclaim Plaintiff) paid KRW 195,404,868 to the Plaintiff (Counterclaim Defendant) and its amount from October 14, 2014 to June 2, 2016.
Reasons
1. Determination as to the cause of the principal claim
A. The Plaintiff asserted that the Plaintiff paid KRW 223,379,929, on October 25, 2013, in lieu of the Defendant’s debt, the sum of KRW 223,379,929, as follows, for the purpose of cancelling priority mortgage in the name of D and Yangju Regional Forestry Cooperatives established on the land of KRW 135,052 square meters of B forest land and C forest land (hereinafter “each of the instant secured land”).
D Obligations to : Obligations to 53,500,000 local forestry cooperatives: Obligations to 141,904,868 won to 141,90,868: Expenses for applying for registration of 22,475,061 won: the Defendant is obligated to pay the Plaintiff KRW 223,379,929 as indemnity.
B. The establishment registration was completed on April 9, 2013 with respect to the Defendant’s 1/2 share in B forest No. 4,101 square meters in Yangju-si as the Government Registry of the District Court’s District Court’s 65,000,000 won with respect to the maximum debt amount, the Defendant, and the mortgagee-mortgage D with respect to the Defendant’s share in B forest No. 4,101 square meters, and the establishment registration was completed on April 9, 2013. (2) The establishment registration was completed on the land of No. 135,052 square meters in Yangju-si as of April 27, 2012, the Government Registry of the District Court’s 182,00,000,000 won with respect to the Defendant’s share in B forest No. 3945
3) On October 25, 2013, the Plaintiff transferred KRW 223,379,929 to E account, which is an employee of the law firm monitoring pumps. 4) Of KRW 223,379,929, the Plaintiff paid KRW 50,500,000 to G, among KRW 223,379,929, the Plaintiff received from the Plaintiff, and paid KRW 141,904,868 to both major and local forestry cooperatives.
5) The right to collateral security in the name of D, which was established with respect to the Defendant’s one-half portion of B forest land 4,101 square meters in Yangju-si, was cancelled on October 28, 2013 by the Government Registry of the District Court, which was received on October 28, 2013. 6) The right to collateral security in the name of Yangju-si Forestry Cooperatives established with respect to C forest land of 135,052 square meters in Yangju-si was cancelled on October 28, 2013 by the Government Registry of the District Court of Jungju-si District on the receipt of 95529
[Ground of recognition] Evidence Nos. 1, 2 (including paper numbers), and Evidence Nos. 3-1, 2, and 3-2.