손해배상(기)
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. The Plaintiff is a third acquisitor who purchased real estate listed in Articles 3 through 8 of the [Attachment List (hereinafter “3-8 real estate”) in which the establishment registration of a neighboring mortgage was completed under the name of the Defendant under the name of the Defendant, and the Defendant is a financial institution that granted a loan to A by taking the security of each real estate listed in the guarantee issued by the Defendant Intervenor (hereinafter “Supplementary Intervenor”) and the attached list.
B. On December 23, 2004, in order to obtain a loan from the Defendant, A completed two registration of creation of a mortgage (hereinafter referred to as “registration of a first priority mortgage”) with respect to the real estate listed in the attached list Nos. 1 and 2 (hereinafter referred to as “real estate”) owned by the Defendant, including the mortgagee, the obligor A, and the maximum debt amount of KRW 70 million (Receipt No. 74945), KRW 580 million (Receipt No. 74946), and KRW 74946) with respect to the real estate listed in the attached list No. 1 and 2 (hereinafter referred to as “the first priority mortgage”).
(A) Evidence Nos. 1, 2.c.
A on December 30, 2004, in addition to the registration of the first collateral collateral security, offered a letter of guarantee (the guarantee amount of KRW 423 million) issued by a supplementary intervenor as security, and received a loan from the Defendant for a “facility damage recovery fund” of KRW 470 million (hereinafter “first loan”).
(A) Nos. 6, 8, 17-1, d.
On December 9, 2008, A entered into a mortgage agreement with the Defendant to secure all obligations (general collateral) that A owes to the Defendant at present and in the future due to credit transactions, etc., and on the same day, A completed the registration of creation of mortgage (hereinafter referred to as the "registration of second collateral security") with respect to the third-eight immovable property to the Defendant, including the mortgagee, the obligor, the maximum debt amount, and the maximum debt amount, 650 million won.
(A) No. 3 through 8, A. 13, E.
A, on December 16, 2011, extended additional loans from the Defendant for KRW 500 million “Financial Fishery Fund” (hereinafter “No. 2”) without establishing additional collateral.
(A) B. (Nos. 7 and 8) F. The Plaintiff purchased 3-8 real estate from A on March 9, 2012, and the registration of ownership transfer in the name of the Plaintiff on March 19, 2012.