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1. The part of the plaintiff's lawsuit demanding the confirmation of existence of an obligation shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. The following facts can be acknowledged in light of the following facts: evidence Nos. 1 to 4, evidence Nos. 1 to 11, and evidence Nos. 1 to 111.
The defendant is the reconstruction improvement project partnership established on August 20, 202 with the Dongdaemun-gu Seoul Metropolitan Government Group C as the business site (hereinafter referred to as the "maintenance project of this case"), and the plaintiff is the commercial partner who owns the commercial buildings within the project district of this case, and the D Co., Ltd (hereinafter referred to as the "D") is the above improvement project executor.
B. On December 21, 2012, the Plaintiff entered into a sales contract for the instant real estate (17,91,000 won) with the Defendant, and completed the registration of ownership preservation on the instant real estate on April 24, 2014. The Defendant agreed to bear acquisition tax on the instant real estate by the said sales contract, and paid KRW 420,910, acquisition tax imposed on the Plaintiff on October 31, 2007.
C. Meanwhile, on or around September 2003, the national bank entered into a loan agreement with the defendant's joint and several sureties lending the part payments, moving expenses, etc. to the defendant's members under the D's joint and several sureties, and the plaintiff entered into a monetary loan agreement with D on November 24, 2004 on "60 million won relocation expenses" (hereinafter "the loan agreement of this case") with D, and was paid KRW 5,930,000,000 after deducting the relocation expenses from the national bank on December 2, 2004.
In addition, on April 1, 2005, the Plaintiff, the Plaintiff owned the instant real estate as joint collateral after the said loan, and completed the registration of the instant collateral security that became the Plaintiff, with the maximum debt amount of KRW 78 million, and the obligor.
E. After that, from August 18, 2007, the Plaintiff’s period of designation of occupancy of the real estate in this case was from August 18, 2007, when the loan was due.
9. A person who did not pay the moving expenses until December 17, 2008, and a national bank on December 30, 2008, a total of 60,733,151 won = principal of the moving expenses to be borne by the plaintiff, and overdue interest from the day following the due date of repayment of the expenses.