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1.The judgment of the first instance, including any further claims in the trial, shall be modified as follows:
The plaintiff 1.
Reasons
1. Basic facts
A. On May 14, 201, Defendant B: (a) assessed and exchanged the assessed value of the land E (hereinafter “populated real estate”) owned by Defendant D as KRW 360,00,000 on behalf of the Plaintiff; and (b) assessed the Busan-gu Busan-gu F land and buildings owned by the Plaintiff (hereinafter “G real estate”) at KRW 300,000,000; (c) the Plaintiff took out a loan of KRW 150,000,000 as collateral and cancelled the right to collateral security established on Yang-do real estate, and used KRW 80,00,000,000 for the construction cost of a building being closely constructed on Yang-si; and (d) concluded an exchange contract under the pretext of the difference and down payment of KRW 40,00,000 on the part of the Defendant.
B. The Plaintiff, according to the direction of Defendant B, remitted each of the KRW 30,000,000,000 to Defendant C’s account, among the Defendant’s individuals, for the purpose of paying the down payment of the instant exchange contract, to Defendant C’s account on May 14, 201, and KRW 10,000,000 on May 16, 201.
C. On May 19, 201, Defendant B obtained a loan of KRW 150,00,000 from the Plaintiff as collateral under the real estate exchange contract and agreed to terminate KRW 70,000,000, which was set up as collateral for the real estate smuggling owned by Defendant D, and the remainder of KRW 80,000,000,00, which was set up as collateral for the construction cost for the new construction of the building, the Plaintiff cannot terminate the real estate as joint collateral for another real estate, and it would be impossible for the Plaintiff to use the remaining money as collateral for the supervision cost. Accordingly, the Plaintiff granted a loan of KRW 150,000,000 to the Defendant Agricultural Cooperative as collateral, and issued a KRW 100,000,000,000,000 as collateral for the loan.
Defendant B entered into an exchange contract on May 19, 201 with respect to the exchange of the Iel in Busan Dong-gu H with G real estate and received from the Plaintiff.