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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. The instant forest land 8,043 square meters (hereinafter “the instant forest”) originally owned D 3/4 shares, and E 1/4 shares, respectively.
The F-U.S. F-U. 833 square meters (hereinafter “instant orchard”) was originally owned by E.
B. 1) On July 20, 2007, the forest of this case is changed to the maximum debt amount of KRW 93,600,000 (the maximum debt amount of KRW 93,600,000 on December 26, 2007).
(2) The right to collateral security under the name of G Cooperatives was established. 2) Of the instant forest land, the right to collateral security under the name of the Defendant (hereinafter “mortgage No. 1”) was established as to the 3/4 D shares, and the right to collateral security under the name of the Defendant (hereinafter “mortgage No. 1”) with the maximum debt amount of KRW 35,00,000 on January 22, 2009, ② the debtor D, the maximum debt amount of KRW 115,000 on November 4, 2009, and ③ the right to collateral security under the name of the Defendant (hereinafter “mortgage No. 2”) with the debtor D, the maximum debt amount of KRW 70,000 on March 10, 2010, respectively.
3) In addition, on June 8, 2010, the provisional registration of the right to claim a transfer of shares in the Defendant’s name (hereinafter “provisional registration of this case”) on the 3/4 D shares out of the instant forest land.
(4) As to the portion of 1/4 E out of the forest land of this case, the right to collateral security (hereinafter “mortgage 4 of this case”) was established on August 10, 201 under the name of the Defendant, which is KRW 150,000,000, with respect to the obligor H and the maximum debt amount of KRW 150,000.
C. Around January 27, 2012, the Plaintiff’s agent entered into a sales contract with D and E’s agent, which is a co-owner of the instant forest. Around January 27, 2012, the Plaintiff entered into a sales contract with KRW 427,50,000 for the share of KRW 3/4 D out of the instant forest. On the same day, the Plaintiff entered into a sales contract with KRW 142,50,000 for the share of KRW 1/4 E out of the instant forest. The Plaintiff agreed to pay the remainder of KRW 513,00,000 for the remainder at the time of the contract and to pay the balance of KRW 513,00,000 for April 30, 2012.
(b).