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1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
3...
Reasons
Basic Facts
The defendant is a person who engages in credit business under the trade name of "C".
Plaintiff
Around January 2015, D, the representative director of the company, completed a provisional registration of the right to claim ownership transfer on ten parcels of land (hereinafter “each parcel of land in this case”) including E forest land E 21,457 square meters (hereinafter “each parcel of land in this case”), and the Plaintiff Company performed civil engineering works to build a new factory on each parcel of land in this case.
When an auction was commenced on the basis of the prior collateral security that was partially completed on each land of the instant case, F, the actual manager of the Plaintiff Company, asked G, working at the branch of one bank, in order to raise funds necessary to repay the secured debt, such as the above prior collateral security, to determine whether to obtain a loan to the extent of KRW 2,500,000,000 as security, and G, in light of the Plaintiff Company’s credit status, the legal relationship of each land of the instant case, etc., is difficult to grant a loan to the Plaintiff Company as the debtor. However, the ownership of each land of the instant case may be transferred to H (hereinafter “H”) and the Plaintiff may grant a loan to H as the debtor, thereby introducing D, the actual manager of H.
Plaintiff
The company and H agreed to the effect that “the Plaintiff Company transferred the ownership of each of the instant lands to H, and H borrowed KRW 2,00,000,000 from the Defendant as collateral and cancelled the entire collateral security, etc. on each of the instant lands, and then obtain a loan from the Han Bank as collateral and repay the Defendant’s obligation to the Defendant.”
H around June 17, 2015, around D, etc., transferred the entire share in the provisional registration for transfer of ownership to each of the instant real estate from D, etc., and completed the registration for transfer of ownership to each of the instant real estate on or around June 25, 2015.
H borrowed KRW 2,00,000,000 on June 23, 2015, and the J, the representative director of H, as joint and several surety the above obligation.
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