근저당권말소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. (1) On September 26, 2012, Nonparty C leased 86 households of officetels while possessing part of the Gu D building in the name of the wife L, and the decision to commence voluntary auction was rendered on September 26, 2012.
(2) On October 21, 2014, C purchased the second floor 201 (hereinafter “201”) from the instant auction procedure at KRW 1.416 billion from the instant auction procedure, the second floor of the instant building (hereinafter “201”) under the name of Nonparty G (F’s son), H (Plaintiff’s son), and N (person recommended by the Plaintiff to C) (C due to bad credit standing and failing to obtain bank loans necessary to purchase the instant building under its own name).
(The payment deadline) (3) A included KRW 6550 million in the purchase price, which was scheduled to receive from the agricultural cooperative under the name of the bid bond and G, but the amount of KRW 200 million in the purchase price was less than that of the purchase price, and the Defendant, who became aware of the 200 million won in the introduction of F, was to borrow from the Defendant.
On December 2014, C requested the Plaintiff, who is the land owner, to offer a collateral necessary for the loan, and the Plaintiff accepted C’s request on the condition that the loan was used for the purchase fund No. 201.
(hereinafter “Agreement on the Provision of Security”). (4) C and the Defendant: (a) on December 31, 2014; and (b) on January 8, 2015, “E” Co., Ltd. (hereinafter “E”) leased KRW 200 million to C by January 8, 2015 (the day before the payment deadline is earlier than the day before the payment deadline is due; and (c) C offered the instant real estate to the Defendant as security; (d) used the said KRW 200 million as the purchase price No. 201; and (e) drafted a “statement for payment” and “written statement for payment” (Evidence 2) by April 30, 2015.
(F) The Defendant guaranteed the loan of KRW 200 million to E, and the F guaranteed the debt of the C borrowed money to be incurred in the future through the above amount of KRW 200 million. However, C is up to F.