Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 5:
Plaintiff’s claim for indemnity against E, 190, around May 4, 1990, and the same year
6.29.Rabs and 29.
9. Around 15.15. Around three occasions, F Co., Ltd. (hereinafter “F”) obtained a loan from Korea Technology Finance Co., Ltd. (hereinafter “F”), the credit guarantee was provided for the loan obligation, and E jointly and severally guaranteed the F’s indemnity obligation against the Plaintiff.
2) On May 9, 1991, when a credit guarantee accident occurred with a natural body of F, the Plaintiff paid 1,543,669,580 won to the Korea Technology Finance Co., Ltd. on November 20, 191, and received a favorable judgment by filing a lawsuit for the claim for indemnity against E as the Jinwon District Court's Jinju Branch 97Kadan1002. For the interruption of extinctive prescription of the above claim for indemnity, the Plaintiff filed a lawsuit for indemnity amount claim under the Jin original District Court's Jinju branch 2007da8804, Nov. 6, 2007, and on November 2007, E received a favorable judgment against the Plaintiff on November 1, 2007, "E is 1,849,410,317 won and 1,159,307,28 won among them, and 1,159,307,288 won."
B. Each real estate listed in the separate list E owned by G (hereinafter “instant real estate”) in the name of G is determined as is.
On August 13, 1990, the establishment registration of a neighboring mortgage under the name of the debtor H and the maximum debt amount of 100 million won (hereinafter “the establishment registration of a neighboring mortgage of this case”).
The registration of the establishment of a new mortgage was completed on January 10, 2002 and was transferred to G on January 18, 2002 on the ground of transfer on January 10, 2002.
C. The Plaintiff, who paid dividends, filed an application for a compulsory auction of real estate in the instant real estate owned by E with the Changwon District Court J for the J of the J of the Changwon District Court as to the instant real estate owned by E with the title of execution, and G in the auction procedure conducted accordingly.