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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 10, 2012, the instant company entered into a credit guarantee agreement with the Plaintiff to be provided with a credit guarantee for a loan obligation of a financial institution, and received a loan from the Industrial Bank of Korea as collateral, after obtaining a credit guarantee agreement issued under the said credit guarantee agreement.
B. The instant company caused a credit guarantee accident around September 1, 2014, and the Plaintiff subrogated for KRW 100,456,455 to the Industrial Bank of Korea on December 19, 2014.
C. On December 22, 2014, the Plaintiff filed an application for a payment order against the instant company seeking payment of KRW 102,395,060 (i.e., KRW 100,456,455 with substitute payments of KRW 1,318,025 with substitute payments of KRW 100,456,455 with substitute payments of KRW 620,580 with substitute payments of KRW 620,580 with substitute payments of KRW 100,455, and the payment order cited as the purport of the application was finalized on February 28, 2015.
The instant company entered into a sales contract with Defendant A on May 15, 2014 with respect to each of the instant detailed real estates, and completed the registration of ownership transfer to Defendant A on May 28, 2014.
E. On May 15, 2014, the instant company entered into a sales contract with Defendant B with respect to the instant real estate at the astronomical Date, and completed the registration of ownership transfer (receiving No. 49413) on May 21, 2014 to Defendant B.
On June 24, 2014, the establishment registration of the mortgage, which is the debtor, the debtor B, and the mortgagee, was completed with respect to the real estate in the astronomical city of the instant case on June 24, 2014.
The market price of this case’s real estate is KRW 50,30,000 as of August 7, 2015, and the secured obligation of the foregoing right to collateral security is KRW 8 million as of October 19, 2015.
F. Meanwhile, the instant company was in excess of its liability at the time of signing each of the above sales contracts.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3 (including paper numbers), the result of this court's entrustment of the market price to the Korea Appraisal Board for the appraisal corporations of this court, the Daejeon Chungcheongnamnam Livestock Industry Cooperative's submission order of financial transaction information, and arguments.