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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. As to the real estate listed in the separate list (hereinafter “the instant real estate”), the registration of the creation of the right to collateral security (hereinafter “mortgage”) was completed on the ground of the following: (i) the provisional attachment registration for the Plaintiff, claim amount of KRW 150,000,000 was completed on December 3, 2008 by the Chuncheon District Court No. 6511, which was received on February 28, 2008; and (ii) the provisional attachment registration for the creditor was completed on the ground of “the Seoul Northern Northern District Court No. 2011Kadan1714, Apr. 11, 201, the provisional attachment registration for the provisional attachment amount of KRW 150,000,000 was completed on the ground of the “contract establishing the right to collateral security (hereinafter “the instant provisional attachment”); and (iii) the debtor was established on the ground of the registration of the right to collateral security (hereinafter “Defendant No. 2015, Aug. 27, 2011).
④ On January 28, 2014, the provisional attachment registration was completed for the creditor of the Korea Credit Guarantee Fund, the claimed amount of KRW 45,000,000 on the ground of the provisional attachment ruling by Seoul Western District Court No. 2014Kadan50106, which was received on January 28, 2014.
B. Around August 2007, the Defendant issued a credit guarantee certificate with the guaranteed principal of KRW 85,00,000,000, and the guarantee term of KRW 85,000,000 on August 1, 2008 (the later extension of the guarantee term), which was operated by B (the later extension of the guarantee term), and D borrowed KRW 100,00,000 from the new bank.
B has jointly and severally guaranteed the credit guarantee agreement.
After that, around January 2014, the Defendant entered into the instant mortgage contract with B upon receiving notice of a credit guarantee accident due to the delay of principal due to the loss of the term due to the delay of principal.
C. The new bank, a stock company, is to exercise its security interest in the instant real estate.