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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On or around February 24, 2014, the Plaintiff entered into a sales contract with the Defendant to sell 1/2 shares of the actual right among the real estate listed in the separate sheet (hereinafter “instant real estate”) on which the registration of ownership transfer was completed under his/her name, as KRW 161,50,000 (the size of the instant real estate is calculated as KRW 1,69 square meters in total, and KRW 161 square meters in total if one/2 shares are converted into KRW 1,69 square meters, and KRW 50,000 in total, KRW 50,000 in down payment, the remainder of KRW 56,50,000 in total, and KRW 110,000,000 in loan as collateral, and received any remainder of KRW 10,500,000 in the Defendant’s succession (hereinafter “instant first sales contract”), the same day as the same day, and each of the remainder of KRW 56,507,2005.
On February 28, 2014, the Plaintiff completed the registration of the establishment of a mortgage over the instant real estate to the Defendant, the Changwon District Court, the Jinhae Registry of the Jinwon District Court, No. 4422, Feb. 28, 2014, the maximum debt amount of KRW 280,000,000, the debtor, the Plaintiff, and the mortgagee as the Defendant.
(2) On March 10, 2014, Nonparty C, who was the husband of the Plaintiff, completed the provisional attachment registration after obtaining a provisional attachment attachment order from the Changwon District Court 2014 businesshap5, where the right to claim property division due to divorce on March 10, 2014, on the instant real estate and the real estate owned by the Plaintiff, including 377 square meters (hereinafter “D”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, 7, and 8, and the purport of the whole pleadings
2. On February 27, 2014, the Plaintiff, upon Nonparty E’s advice, created a right to collateral security in the name of the Defendant to protect property in preparation for the husband C to file a claim for division of property in a divorce lawsuit. The registration of establishment of a right to collateral security in the instant case is null and void by a false agreement.
The Plaintiff and the Defendant at any time when the Plaintiff wishes to do so on or around September 29, 2014.