배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 21, 1995, the Defendant loaned KRW 38,360,00 to C (the livestock development fund loan; hereinafter the above loan referred to as “the first loan”) to C, and each of the real estates listed in the separate sheet owned by C (hereinafter referred to as “each of the instant real estates”) between C and C;
7. As to each immovable on December 12, 199, the scope of the secured debt, including the maximum debt amount of 5 million won, and the scope of the secured debt, concluded a comprehensive collateral security contract with the debtor C, the creditor, and the creditor, and completed the registration of the establishment of a neighboring mortgage on December 21, 1995, as set forth in 42409.
(hereinafter the above right to collateral security (hereinafter “the first right to collateral security”) B.
The defendant extended 70,000,000 won to C on November 4, 2000 additionally (general loan; hereinafter referred to as "second loan of this case") and granted a loan to C, the sequence between C and C of each real estate of this case.
1. As to each immovable on December 12, 198, the scope of the secured debt, including the maximum debt amount of 100,000,000 won, and the scope of the secured debt, concluded a comprehensive collateral security contract with the debtor C and the creditor as the defendant, and completed the registration of creation of a neighboring mortgage (hereinafter the above collateral security was referred to as the “second neighboring mortgage”) with the Chuncheon District Court No. 18103 as of June 2, 200, and at the time, the plaintiff guaranteed the above debt against the defendant C.
C. On December 29, 200, the Defendant loaned KRW 50,000,00 to C (a general loan; hereinafter “third loan of this case”) and entered into a comprehensive collateral security contract with C as to each of the instant real estate, the scope of the secured obligation, and the mortgage contract with C, the obligor, and the obligee, and completed the registration of establishment of a neighboring mortgage with the above contents as the case No. 40299, Dec. 27, 200, as of December 27, 2000.
(hereinafter the above right to collateral security (hereinafter referred to as the “third party collateral security”) D.
The Plaintiff’s loan obligation amounting to the Defendant on November 4, 2000 on December 29, 2006 = KRW 97,335,259 = Principal = 70,00.