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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From November 7, 1992 to September 201, the Plaintiff lent money to C several times. On March 4, 2011, the Plaintiff agreed with C to the effect that “The amount of money borrowed shall be KRW 400 million on the day, KRW 70 million on the day, KRW 150 million on March 30, 201, KRW 150 million on May 30, 201, KRW 60 million on the date of completion of the said performance, and KRW 70 million on the same day, and KRW 70 million on the same day, shall be repaid in accordance with the said agreement.”
Since then, the Plaintiff filed a lawsuit against the Plaintiff with Daejeon District Court 201Gahap1225, the Daejeon District Court 201. On August 17, 2012, the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 330 million and the additional loan amount of KRW 8 million according to the above agreement, KRW 338 million in total, and KRW 50 million per annum from March 21, 2012 to August 17, 2012, and KRW 20% per annum from the following day to the date of full payment.” The said judgment became final and conclusive as it is.
B. On July 13, 2010, C concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendant, who is the birth partner of the Gu, to sell each real estate listed in the separate sheet owned by C (hereinafter “each real estate of this case”) and E land in both cities owned by C for KRW 900 million (hereinafter “instant sales contract”).
C. On July 20, 2010, the Defendant completed the registration of establishment of each of the instant real estate subject to the instant sales contract with the maximum debt amount of one billion won, the debtor C and the mortgagee as the defendant. On January 17, 2011, the Defendant completed each registration of establishment of a mortgage in the name of the defendant as to each of the instant real estate, and completed each registration of establishment of a mortgage in the name of the defendant on January 17, 201, and completed each of the aforesaid registrations of establishment of a mortgage on February 21, 2011.
【Ground of recognition” includes the fact that there is no dispute, and there are evidence Nos. 1, 2, 3, and 13, below.