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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 21, 2015, C Co., Ltd. (hereinafter “C”) concluded a cash investment contract with a limited liability company (hereinafter “D”) to invest KRW 400 million in order to promote the construction project of the E-regional housing association.
(hereinafter “instant investment contract”). B.
D The representative director F prepared a written confirmation (hereinafter referred to as “instant confirmation”) as follows on the date the said investment contract was concluded and issued to the Defendant.
On the other hand, the defendant was the auditor of C at that time.
(1) On July 22, 2015, with respect to the attraction of investment funds in G representative B (the name of the Defendant) and E Housing Association projects, the establishment of a collateral security right for the capital inducement and attraction of funds is approved for the amount of KRW 400 million in South Won-si H 2 (total) and the first floor No. 101, the second floor No. 101, and the legal representative (I) shall be designated as the date of establishment on July 23, 2015.
Security Right Holder: J
C. C according to the said cash investment contract, each of D paid KRW 270,000,000,000 on July 22, 2015, and KRW 130,000,00 on August 11, 2015.
D On August 13, 2015, J, the denying representative director, completed the registration of creation of collateral security (hereinafter “registration of collateral security”) on each real estate listed in the separate list owned by J as collateral security, with the receipt of machines, such as the Jeonju District Court’s branch court support, etc. (hereinafter “registration of collateral security”).
E. On the other hand, J, J and Defendant did not have any obligation or obligation, and C’s claim for return of investment deposit amounting to KRW 400 million against D was registered in the future of the Defendant for the security of the claim for return of investment deposit amounting to KRW 400 million. Since the above claim is not substantially reverted to the Defendant, the registration of the instant right to collateral security was asserted to be null and void, and filed a lawsuit against the Defendant for the implementation of the procedure for cancellation registration of the instant right to collateral security registration with the Jeonju District Court Branch Office
F. On November 24, 2016, the Republic of Korea Branch of the said Jeonju District Court rendered the instant case.