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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C, the Plaintiff, and the Defendant: (a) Money transaction 1) C is a convalescent hospital (hereinafter “instant building”) with the size of 1,447.04 square meters in a reinforced concrete structure (refluence), 2, 3, and 4 stories in each of the 954.95 square meters in a 4-story structure (refluence), on the ground, other than 9,175 square meters in Asan-si, Asan-si (hereinafter “instant building”) around 2014.
(2) On May 23, 2016, the Defendant: (a) lent KRW 500 million with respect to the construction of the instant building to C on July 30, 2016 and at least 2.5% of the interest rate (hereinafter “the instant loan claim”); (b) extended the due date for payment to 30 days if the construction of the instant building is not completed by the due date; and (c) agreed that C shall transfer the ownership of the instant building if the ownership of the instant building was provided as security and fails to repay by August 31, 2016.
3) Around July 8, 2016, the Plaintiff leased KRW 200 million to C, and was transferred under the name of the owner of the instant building, which was under construction as a security on August 26, 2016, and additionally leased KRW 100 million, and completed registration of ownership preservation on the instant building around December 15, 2016. (B) The Plaintiff and the Defendant sold the instant building to the Defendant at KRW 2.78 billion on December 29, 2016, and the Defendant sold the down payment to the Plaintiff at KRW 50 million on the date of the contract, or the Defendant sold the instant building to the Plaintiff, or paid KRW 2.28 billion on April 30, 2017, each of the remainder at the time when the Plaintiff sold the instant building to the Defendant, and issued each of the documents necessary for the registration of ownership transfer and delivery of the instant building to the Defendant (hereinafter “the instant sales contract”).
2) On January 2, 2017, the Defendant paid KRW 500 million to the Plaintiff, completed the registration of ownership transfer for the instant building based on the instant sales contract, and on the same day, C E Association (hereinafter “E”).
3 billion won is succeeded to a loan to the Corporation.