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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Defendant is Gangwon-gun C Daeyang-gun 9,544 square meters (hereinafter “instant land”).
(2) The building of this case is 56.18 square meters, 1,151.42 square meters, 535.79 square meters and 535.79 square meters and 2 stories of the land reinforced concrete structure and the building of this case (hereinafter “the building of this case”).
(2) On December 14, 2012, the Defendant concluded a mortgage contract with the National Federation of Fisheries Cooperatives (hereinafter “NFFC”) on the instant land and building with the debtor, and concluded a mortgage contract with the debtor, and completed the registration of creation of a mortgage under the name of NFFC as No. 10367 on December 14, 2012.
3) On January 16, 2015, the Plaintiff and the Defendant purchased the instant land and buildings from the Defendant in KRW 1 billion. The Plaintiff and the Defendant purchased the instant land and buildings from the Defendant in KRW 1 billion. The remainder of the down payment is KRW 100 million, and KRW 216 million, and the Plaintiff repays the secured debt of NFFC’s right to collateral security by lending the instant land and buildings from the financial institution as collateral, and ③ interest on the money borrowed from the financial institution from the financial institution to the time of delivery of the instant land and building (hereinafter “instant purchase promise”).
(4) The Plaintiff concluded a provisional registration on January 29, 2015 (hereinafter “the provisional registration of this case”) with respect to the instant land and building based on the instant trade reservation, and completed the provisional registration of each ownership transfer claim (hereinafter “provisional registration of this case”).
5) The defendant on January 14, 2015 (hereinafter referred to as "Gang Agricultural Cooperatives")
In relation to the instant land and building, KRW 1.1 billion was entered into with the debtor as the plaintiff, and following the establishment registration of each establishment of a mortgage in the name of Seocheon District Court, Yangyang District Court No. 297, Jan. 14, 2015, which was received on January 14, 2015.