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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. On July 18, 2011, the Defendant entered into a mortgage agreement with C as to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as C owners, and on the same day, received the registration of establishment of a mortgage (hereinafter “registration of creation of a mortgage”) with the Samcheon District Court No. 8955, Samcheon District Court No. 8955, the maximum debt amount of KRW 200 million, and the debtor C, pursuant to the said agreement.
In addition, on July 12, 2011, the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage near the Saemaul Treasury”) was completed on July 12, 201, with the maximum debt amount of KRW 290,000,000,000, which was extended by the mortgagee of the right to collateral security (hereinafter “the maximum debt amount”).
B. While the Plaintiff leased and used each of the instant real estate in KRW 70,000,000, which is owned by C from C, around July 2013, the Plaintiff purchased each of the instant real estate, received the registration of ownership transfer from C on August 5, 2013, and acquired the right to collateral security of community credit cooperatives on July 10, 2014.
C. On July 31, 2013, the Plaintiff purchased each of the instant real estate from C with the Plaintiff as KRW 380,000,000,000 from July 31, 2013, in lieu of the lease deposit. Of the remainder of KRW 310,000,000,000, KRW 230,000,000,000,000, out of the remainder of KRW 310,000,000,000,000,000,000,000 shall be substituted with the acquisition of the secured debt of the instant case as the secured debt of KRW 80,00,00,00,000,00 as the sales contract of July 31, 2013.
(d) The Plaintiff drafted the instant collateral security obligation. D. The Plaintiff paid the Defendant KRW 81,50,000,000 on November 14, 2013, KRW 60 million on December 2, 2013, KRW 750,000 on December 2, 2013, KRW 10,30,000 on January 6, 2014, KRW 500,000 on February 18, 2014, and KRW 81,550,00 on April 8, 2014. The Plaintiff paid the Defendant a total of KRW 8,150,000 on April 5, 2014, without any dispute with the recognition of the instant collateral security obligation. The Plaintiff written each entry with the number of pages 1,3, and 4 (including the serial number).