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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 16, 2017, the Plaintiff applied for a payment order against D with the Jeonju District Court (2017 tea1300) and received an order to pay the said payment order at the rate of 12% per annum from February 16, 2017 to February 20, 2017 and 15,525,870 won from the said court.
As to the real estate stated in the attached list owned by the Defendant, the Jeonju District Court of Korea (Seoul District Court No. 6356 of Dec. 13, 2002, No. 6356 of Dec. 13, 2002, "the establishment registration of the mortgage of this case" was "the establishment registration of the mortgage of this case,"
(1) The right to collateral security (the right to collateral security (the right to collateral security (the right to collateral security (the right to collateral security (the right to collateral security) of this case) is the mortgagee who completed the agreement. The right to collateral security (the right to collateral security (the right to collateral security (the right to collateral security) of this case), the statement of the evidence No. 1, the plaintiff's assertion of the purport of the entire pleadings, and the plaintiff's assertion and judgment) do not have any objective evidence to support that the defendant lent money to D, and the total amount of the published value of the real estate of this case is about KRW 13,00,00
Even if the statute of limitations has expired, the plaintiff asserts that the plaintiff seeks the cancellation of the establishment registration of the creation of the neighboring mortgage of this case in subrogation of insolvent D as D's creditor.
In other words, D prepared and delivered a loan certificate on December 10, 200 with the purport of borrowing KRW 60,00,000 to the Defendant on December 10, 202, ② the registration of creation of a mortgage of this case appears to have been completed on the basis of the above loan certificate, ③ D prepared a new loan certificate on November 20, 201, which is prior to the expiration of the extinctive prescription of the credit based on the above loan certificate, and ④ the Plaintiff.