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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. 1) On January 2, 2009, the Plaintiff, who was engaged in the real estate brokerage business, intended to purchase the land in the Y-gun in which the market price is anticipated to increase in the future, and was paid by the Defendant a total of KRW 1150 million from the purchase price. 2) However, on March 16, 2009, the Plaintiff used KRW 750 million from the purchase price of the land in the GY-gun in the name of the Defendant, including the purchase of the land in the Gyeonggi-si in the name of the Defendant, with the purchase of the land in the MM-gun, but the remaining KRW 400 million was lent to a third party for personal purposes or remitted to the Fund account in the name of G, the wife.
B. 1) On the other hand, the Plaintiff is a salted mutual savings bank under the name of the Defendant (hereinafter “Strut mutual savings bank”).
2) As to the instant real estate, between September 1, 2008 and December 12, 2008, the Plaintiff received a loan from the Plaintiff and the Plaintiff and the Plaintiff (hereinafter “instant real estate”).
2) Except where the instant real estate is individually specified, “O” and “O” are included in the instant real estate, including the instant real estate.
(2) On February 16, 2009, the Defendant decided to invest in the land development project undertaken by the Plaintiff with respect to the land, such as the above O, etc., and confirmed on June 16, 2009 that the amount invested by the Plaintiff between the Plaintiff and the Defendant was KRW 29.5 million, and the Defendant performed an agreement on September 10, 2012, stipulating that the Plaintiff bears interest on the land, such as the aboveO, and that the Plaintiff set up a second second second second second priority mortgage with respect to the land, such as the aboveO.
3) Accordingly, the Plaintiff registered the establishment of a mortgage over the maximum debt amount of 3 billion won in the name of the Defendant with respect to the land, includingO, on June 16, 2009 (hereinafter in this case).