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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On November 30, 2005, the Plaintiff and C purchased 7,957 square meters in total from Defendant and E (the Defendant and E-ownership), 26,304 square meters in total, 26,304 square meters in total, and 600 million won (the purchase price of 400 million won paid by the Defendant E to D under the name of construction cost required to develop forest land into the housing site as the housing site for electric source), with a loan of 300 million won as part of the purchase price, and the Plaintiff and C paid 400 million won in total to Defendant and E as part of the purchase price. The remainder of 200 million won shall be the principal debtor, and the remainder of 200 million won shall be prepared with a loan certificate with the Plaintiff and C as a joint and several surety (hereinafter “the loan certificate in this case”). The registration of creation of a mortgage shall be completed with the maximum debt amount of 25,000 million won in the above land, and the registration of creation of a mortgage.
The contents of the loan certificate of this case are as follows.
Loan amount: Interest on loan amount: The date on which no time limit for performance exists: February 28, 2006: November 30, 2005: D joint and several surety D: C, and A.
B. D’s nonperformance of obligations and C are able to impose a lot of money on D when developing and selling 25 parcels of land, such as the above forest and field, as a unit housing site. The Plaintiff and C have raised the purchase price for 25 parcels of land, such as the above forest and field, and D jointly and severally guaranteed the obligation to pay the remainder of 200 million won after paying the purchase price for 25 parcels of land, such as the above forest and field, as above, 40 million won, and the remainder of 25 billion won. Unlike D’s fence, D did not sell the said 25 parcels of land, such as the above forest and field, on the agreed date.
Since 200 million won in the name of sale balance is a development cost borne by D, D is a share to be paid.
C. The defendant's application and withdrawal of the payment order filed by the defendant is the Chuncheon District Court with the plaintiff and C as well as D as the debtor on April 2007.