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1. All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. On September 25, 2009, D Co., Ltd. (hereinafter “D”) purchased the land listed in the separate sheet No. 1 (hereinafter “instant land”) in the amount of KRW 4.25 billion and completed the registration of ownership transfer under the name of D Co., Ltd. (hereinafter “D”) on the ground of trust on March 30, 2010 after completing the registration of ownership transfer under the name of D Co., Ltd. (hereinafter “D non-real estate trust”).
And D continued to construct a new building listed in the attached Table 2 (hereinafter “instant building”) on the ground after purchasing the instant land, and all the real estate listed in the attached Table were listed in the attached Table.
B. On May 24, 2011, D agreed to borrow 7.67778520,000 won from the Plaintiff as the due date for payment of six months after the due date as follows:
(1) The title of the building owner of the instant building newly constructed on the ground is changed to the name of the Plaintiff, and the remaining construction of the instant building is also responsible and completed. (2) D is obligated to transfer the ownership of the instant land under the name of the Plaintiff as a security for the loan money.
r. 3.2 billion won loaned by D with respect to the land in this case, the plaintiff shall complete the registration of ownership transfer with respect to the land in this case and offer it as security to the lending financial institution, and shall also stand joint and several sureties.
Secondly, if D redeems all the borrowed money to the Plaintiff within the repayment period, the Plaintiff transfers the ownership of the instant land to D or its designated person (including a legal entity).
x. When the building in this case is completed, D may sell or lease the building in this case in preference to the plaintiff within the repayment period.
However, the plaintiff's loan is preferentially repaid with the sale price and the lease deposit.
(v) If D is unable to repay the borrowed money within the repayment period, the Plaintiff shall sell the instant real estate as its inherent authority and lend the loan.