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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. A. On May 19, 2009, Co., Ltd. B (hereinafter “B”) which is a construction contractor for another canal wells project implemented by the Department A in Mancheon-si (hereinafter “C”) borrowed KRW 24 billion from the Plaintiff under the joint and several guarantee of the Co., Ltd. (hereinafter “C”) on May 19, 2009, and set the Plaintiff as the first and second priority beneficiary and C as the second priority beneficiary, while offering a security trust for the land outside A and 19 lots of land (hereinafter “overcheon-si land”).
B. On May 27, 2010, C entered into a credit transaction agreement between the Plaintiff and C to obtain a loan of KRW 24 billion from the Plaintiff (hereinafter “the instant credit transaction agreement”) and made a substitute payment for B’s loan due to the loan. On the same day, C established a pledge for the second priority right on the land of Jungcheon-si holding by the Plaintiff as a security for a loan obligation under the instant credit transaction agreement.
C. On December 30, 2010, the Plaintiff issued a promissory note, the face value of which was KRW 24 billion from C, and the due date of which was March 31, 201, and changed from C to D Co., Ltd (hereinafter “D”), and on December 31, 2010, the obligor under the instant trust agreement changed from C to D Co., Ltd. (hereinafter “C’s representative director”). On December 31, 2010, the obligor of the instant credit transaction agreement changed from C to D, and C jointly and severally guaranteed the obligation under the instant credit transaction agreement.
The Defendant entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant on November 26, 2010 with respect to each of the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) as follows, with respect to the extension of the due date for repayment of the debt under the instant credit transaction agreement, and determined the Plaintiff as the first priority beneficiary, and on November 29, 2010, as to the instant real estate on November 29, 2010.