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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The legal relationship on the instant real estate, the Plaintiff’s loan obligations, and Nonparty C, respectively, share 2/7 shares, and the Plaintiff’s mother, Nonparty D shared the instant real estate in proportion to 3/7 shares.
The plaintiff borrowed money from the Seoul Agricultural Cooperative (hereinafter referred to as the "Seoul Agricultural Cooperative") and completed the registration of creation of a mortgage (hereinafter referred to as the "mortgage of this case") on each real estate listed in the Schedule 1, 3 through 6 to the Seoul Agricultural Cooperative, Seoul.
Since then, the plaintiff has been receiving a loan from the Seoul National Agricultural Cooperative.
On February 16, 2016, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant and entered into an agreement with the Defendant that KRW 480,000,000 (hereinafter “instant sales contract”) shall be paid as KRW 1,950,000 on the date of the said contract, the intermediate payment of KRW 1,00,000 on February 29, 2016, and KRW 1,370,000 on the date of the said contract, and the remainder payment of KRW 1,370,000 on February 29, 2016, and KRW 962,00,000,000 among the remainder payment shall be paid as follows (hereinafter “instant special agreement”).
After the remainder payment, the Agricultural Cooperative loans are responsible for the repayment of debts and interest payment by the buyer and the third party designated by the buyer.
In addition, the title holder of the Agricultural Cooperative loan pays the remainder of the obligation to repay debts and the obligation to pay interest under the name of the current seller until the buyer pays the remainder, and at the same time the buyer is responsible.
In accordance with the contents of the sales contract of Nonghyup E A, the Defendant paid the Plaintiff the amount of 962,00,000 won out of the down payment, intermediate payment, and remainder, and the Plaintiff issued the instant share transfer registration to the Defendant on February 29, 2016.
The defendant's partial repayment to the Seoul Southern National Agricultural Cooperative shall be the plaintiff's plaintiff to the Seoul National Agricultural Cooperative according to the contract of this case.