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1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, ..
Reasons
1. Following the conclusion of the judgment subject to a retrial, the following facts are apparent in records or obvious to this court.
On March 20, 2013, the Plaintiff filed a claim against the Defendant for reimbursement of KRW 93,50,000 with respect to each real estate indicated in the separate sheet on behalf of the Defendant on June 5, 2013 (hereinafter “the instant real estate”) as KRW 117,00,000 on July 11, 201, the maximum debt amount of the instant real estate, and KRW 90,50,000 on the establishment registration of neighboring agricultural cooperatives (hereinafter “the instant mortgage establishment registration”) which was determined and completed as the obligor, the mortgagee, the mortgagee, the mortgagee, the mortgagee, and the mortgagee, and KRW 93,50,00,00 on the aggregate of the principal and interest of the secured debt amount to the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff KRW 93,50,000,000 and KRW 90,000 on the premise that the Plaintiff would incur losses to the Plaintiff’s sale of the instant real estate at KRW 300,007,0007, supra.
B. In the foregoing case, the court below held on September 13, 2013 that the Defendant spent KRW 93,500,000 to the Plaintiff.