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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. On March 14, 2007, the Plaintiff: (a) sold 10-777 large 6635.4 square meters (hereinafter “instant land”) to alp links in terms of KRW 2,738,831,060, Yeonsu-gu, Incheon, Yeonsu-gu, Yeonsu-do; (b) concluded a repurchase agreement (hereinafter “instant repurchase agreement”) with a view to cancelling a sales contract and holding a right to repurchase the instant land in cases where alp links provide security or sell it to a third party for purposes other than those originally determined.
B. On June 13, 2007, the Plaintiff completed the registration of ownership transfer based on the instant repurchase agreement with respect to the instant land on Alp Link. On the same day, the Plaintiff completed the additional registration of repurchase agreement with the repurchase right holder, the redemption price of the Plaintiff, the 2,464,938,960 won, and the repurchase period from March 14, 2007 to March 14, 2012.
C. On June 13, 2007, Alp Link was granted a loan of KRW 2.465 billion from the Defendant (hereinafter “instant loan”), and in order to secure this, the Defendant created a right to collateral (hereinafter “instant right to collateral”) with respect to the instant land, which is one of the maximum debt amount of KRW 3 billion, the mortgagee, the Defendant, and the obligor Ap Link. In addition, when the Plaintiff exercises the right to collateral, he created a right to collateral (hereinafter “instant right to collateral”) with the Plaintiff’s consent with respect to the redemption claim against the Plaintiff, which would have a Alp Link, if the Plaintiff exercises the right to collateral, the right to collateral (hereinafter “instant right to collateral”).
On March 8, 2012, the Plaintiff: (a) exercised a repurchase right against Alp Rop Link pursuant to the instant repurchase agreement (hereinafter “instant repurchase right”); and (b) on March 30, 2012, KRW 2,464,938,960 of the instant repurchase right (hereinafter “the instant money”).