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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 January 15, 2008, the Plaintiff set up a right to collateral security of KRW 145,000,000 with respect to the land and the ground buildings owned by Dongjak-gu Seoul Metropolitan Government D (hereinafter “instant real estate”).
Upon the commencement of the voluntary auction procedure for the instant real estate, the Plaintiff intended to purchase the instant real estate in the above auction procedure, but failed to pay the purchase price, and requested the Defendant, a certified judicial scrivener, to purchase the instant real estate.
B. From September 28, 2009 to April 21, 2010, the Plaintiff remitted KRW 260,000,000 to the Defendant on seven occasions. The Defendant purchased the instant real estate from the above auction procedure with the said money and other loans, etc. and completed the registration of ownership transfer in the Defendant’s name on November 13, 2009.
C. On November 13, 2009, the Defendant set the right to collateral security of KRW 403,00,000 with the maximum debt amount, KRW 150,000 with the maximum debt amount, KRW 150,000 with the F on November 19, 2009, and KRW 225,000,000 with the Plaintiff on January 4, 2010, respectively.
The Plaintiff received KRW 85,700,000 from the Defendant until October 7, 2011, and KRW 50,000 from the Plaintiff’s account books were recovered as principal, and the remainder of KRW 35,70,000 was written as separate interest, etc.
E. Around March 2013, the Plaintiff prepared a written agreement with the Defendant’s employees G and “the Defendant, as the owner of the instant real estate, completed the registration of ownership transfer on the instant real estate to the Plaintiff. The Defendant is responsible for and terminated for the seizure of the instant real estate in Seocho-gu Seoul, Yangyang-gun, and Seoul Dongjak-gu (the Plaintiff is liable for KRW 25,00,000). The Defendant terminated the provisional attachment of the right to collateral security claims established by G with respect to the instant real estate, and if the said matters are in effect, all the claims of the Plaintiff, Defendant, and G are terminated.”
(f).