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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
(1) The defendant is the plaintiff.
Reasons
The facts below are without dispute between the parties, or acknowledged based on Gap's evidence Nos. 1 through 6, 8 through 10, 13 through 17, 19 (including the serial number; hereinafter the same shall apply), Eul's evidence Nos. 1 and 4, and each fact inquiry results against the Gangnam Agricultural Cooperative of the court of first instance.
[1] The real estate No. 1 of this case No. 661/1295 317/1295 317/1295 2 of this case No. 2 of this case No. 317/1295 317/1295 3 of this case No. 3 of this case No. 3 of this case 1/21/21/295 31/31/31/35 of this case No. 4 of this case No. 5 of this case 1/31/31/31/36 of this case No. 6 of this case 1/31/31/37 of this case No. 7 of this case 1/21/39 of this case 31/39 of this case 41/41/41/41/410 of the real estate of this case, each of the real estate of this case is listed as follows, and each of the real estate of this case No. 1/2 of this case is listed as follows:
On June 4, 2007, the Defendant and D were loaned 4,000,000 won from Gangwon Agricultural Cooperative (hereinafter “Gangdong Agricultural Cooperative”) to construct a hotel and a pension on the land among each of the instant real property on June 4, 2007, with the due date for repayment of KRW 4,00,000,000, at interest rate fixed.
Accordingly, Defendant and D jointly and severally assume the above loan obligations (hereinafter “the loan obligations of this case”) with respect to the Gangnam Agricultural Cooperatives.
Defendant and D set their internal share of the loans of this case as Defendant 2,650,000,000, and as Defendant D1,350,000,000.
On June 4, 2017, Defendant, D, and E completed the registration of creation of a neighboring mortgage of KRW 5,200,000 with respect to each of the instant real estate (hereinafter “registration of creation of a neighboring mortgage of this case”).
[2] Defendant, D, and E are each of the instant real estate.