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1. The part against Defendant D among the judgment of the court of first instance is revoked, and the plaintiff A's claim corresponding to the revoked part is revoked.
Reasons
Facts of recognition
(1) The Defendant D, on behalf of the Defendant C (formerly named: F), shall provide each of the instant real estate listed in the separate sheet No. 1 owned by the Defendant C (hereinafter collectively referred to as “each of the instant real estate”) on behalf of the Defendant C (formerly named: F) and in sequence, “real estate” in paragraphs 1 through 4.
(1) The sales contract (No. 14-2) signed on September 11, 2015, with the Plaintiff as the seller, and with the Plaintiff as the buyer, entered into a sales contract with the following contents. On November 1, 2015, the sales contract (No. 14-2) signed on September 11, 2015, with the purchase price of KRW 1.2 billion, the remainder of KRW 600 million, and the remainder of KRW 600 million (No. 14-3) on November 11, 2015, with the sales contract (No. 1. 1.2 billion, the remainder of KRW 1.2 billion, the purchase and sale contract (No. 14-1,200, Oct. 30, 2017), and the remainder of KRW 600,000,000,0000,000,000 won (No. 1. 1.25,1215,215).
3) On November 19, 2015, both the registration of the establishment of the existing mortgage (debtor C) and the registration of the creation of superficies, which had been completed on each of the instant real estates, was revoked on the ground of “Termination on November 11, 2015” (hereinafter “instant cancellation”).
() On November 19, 2015, Plaintiff A registered the creation of a mortgage (the debtor H and the maximum debt amount of KRW 840,000,000,000) on each of the instant real estate with respect to the instant real estate to the G Association on November 19, 2015, due to the “contract on November 11, 2015.”
B) On November 19, 2015, Plaintiff A received a loan of KRW 700 million from G Cooperatives to complete the establishment registration of the instant real estate on November 19, 2015. Of them, the repayment of secured debt and its expenses paid to Defendant C for the cancellation of the instant real estate amounting to KRW 472,717,63, and KRW 127,282,367 = 60,000,000.