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1. The plaintiff (Counterclaim defendant) is the Suwon District Court with respect to each real estate stated in the separate sheet from the defendant (Counterclaim plaintiff).
Reasons
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. On July 26, 2015, the Plaintiff: (a) divided the Plaintiff’s mother, the Defendant’s mother, KRW 180,000,00 for the divided land and buildings, and KRW 150,000 for the purchase price on the divided land and buildings; (b) concluded a contract with the Plaintiff’s H association (hereinafter “H association”) for a loan of KRW 150,000 for the said divided land and buildings, KRW 36,42 square meters for the E-Dong-dong 1st floor, KRW 36,00 for the F-dong 1st floor, KRW 102.42 square meters for the F-dong 1st floor, and KRW 12.54 square meters for the storage of the G-dong 1st floor (hereinafter “land and buildings before division”); and (c) concluded a contract with the Plaintiff’s H association (hereinafter “H association”) for a loan of KRW 30,000,00 for the said payment.
I paid KRW 5 million out of the remainder to the Plaintiff under the instant contract.
B. On June 9, 2015, the Plaintiff obtained a loan from the H Association as a collateral with the land and building before subdivision (hereinafter “instant loan”) and completed the registration of creation of a neighboring mortgage amounting to KRW 320 million with the maximum debt amount.
(hereinafter “instant collateral security”).
C. The Plaintiff and the Defendant agreed to succeed to the buyer status under the instant contract. Accordingly, the Defendant paid to the Plaintiff KRW 20 million on August 20, 2015 as the remainder under the instant contract, and KRW 5 million on August 29, 2015, respectively.
After the payment of the remainder was made in full, the land before the division was divided into D large 573 square meters and the land listed in attached Table 1 (hereinafter “instant land”) around September 18, 2015, and the building before division was divided into the house of the 1st, 102.42 square meters and the 1st, 1st, 102.42 square meters and the building listed in attached Table 2 (hereinafter “instant building”) around October 21, 2015.
E. The instant land between the Plaintiff and the Defendant on October 21, 2015 and the instant land.