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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 23, 2010, Nonparty H entered into a housing finance credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the Korea Housing Finance Corporation and the guaranteed principal of KRW 40,500,000, and the guarantee period from April 23, 2010 to April 23, 2012.
B. As above, a housing finance loan provided by the Korea Housing Finance Corporation as a credit guarantee to homeless workers requires a document and lease contract related to the loan, which is extended at a low interest rate without collateral, for residential stability of homeless workers.
C. On April 2010, Nonparty I, the Plaintiff, the J, the Appointed C, the Nonparty K, the H, the H, and the network L conspired in sequential order to prepare false documents related to the lease agreement and employment under the name of the lessor, lessee H, and Nonparty H, on April 23, 2010 under the credit guarantee of the Korea Housing Finance Corporation under the instant credit guarantee agreement, obtained 45,000,000 won from the Korea Housing Finance Corporation (hereinafter “Korea Bank”) by using the above false contract or employment-related documents (hereinafter “instant loan”).
The Plaintiff and the Selection C were indicted for fraud as Seoul Southern District Court 2014Kadan3005 due to the act of defraudation of the above loans and convicted (the Plaintiff was punished by a fine of 4 million won in case of the Plaintiff, and a fine of 5 million won in case of the Selection C).
E. The deceased L is the owner of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On May 15, 2014, the deceased on May 15, 2014, and D succeeded to the inherited property at the ratio of 3/15 of the inheritance shares, Appointers E, C, F, M, Appointers G, and Defendant (Appointed Party)’s respective inheritance shares.
F. Meanwhile, the Korea Housing Finance Corporation subrogated 42,197,100 won of the principal and interest of a loan to a bank on October 26, 2011, as the guarantee accident occurred due to Nonparty H’s failure to repay the loan.
(g)the Korea Housing Finance Corporation shall, for the recovery of payments on behalf of the Corporation;