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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
As to the instant real estate, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 180,000,000, the debtor F and the mortgagee G Co., Ltd. (hereinafter “instant right to collateral security”) was completed as of June 5, 2013.
On May 23, 2019, the Plaintiff was awarded a successful bid of KRW 1/2 of the ownership of the instant real estate at KRW 578,700,000 on May 23, 2019 and was granted permission for sale on May 30, 2019, and the payment period for the sale was set on July 9, 2019.
On May 8, 2019, the condition of special sale was established to sell the instant auction procedure under the condition of acquiring the instant right to collateral security (hereinafter “instant special sale condition”).
On July 5, 2019, the Plaintiff agreed to obtain a loan from Defendant D Association for the purchase price for the instant auction procedure, and delegated Defendant B with the registration of ownership transfer for 1/2 of the ownership of the instant real estate and the registration of ownership transfer for 1/2 of the collateral security holders to Defendant D Association.
[Based on recognition] The facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings, the defendants asserted the purport of the plaintiff's assertion are obligated to manage the entrusted affairs with the care of a good manager, by being entrusted by the plaintiff with the loan of the purchase price of the real estate of this case, the transfer of ownership, and the registration of the establishment of a neighboring mortgage. The defendant Eul should allow the plaintiff to obtain full ownership by inspecting the registry of the real estate of this case and confirming the relationship of rights and giving advice to the plaintiff. However, the plaintiff did not explain or advise on the special sale conditions for the acquisition of the right of this case. The defendant D's new real estate of this case.