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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. The Plaintiff is a social welfare foundation established to operate welfare facilities, etc. for the protection and education of the mental and physical health of the infants and the aged, and Defendant Song-dong Saemaul Depository is a special corporation with the main purpose of credit business, such as the receipt of deposits and the lending of funds.
B. The Plaintiff, such as the Plaintiff’s acquisition of land ownership, entered into a sales contract with C to purchase KRW 2300,000,000,000, out of KRW 9,581,000,000,000,000,000,000 from Busan-gun, Busan-gun (hereinafter “D land prior to the instant subdivision”). On March 2, 2009, the Plaintiff completed the registration of ownership transfer (based on the donation made on March 2, 2009) with respect to shares of KRW 2,300/9,581, out of the D land prior to the instant subdivision.
C. On August 1, 2008, the Defendants’ establishment of a mortgage on D’s land prior to the instant subdivision, etc. (1) Defendant Song-dong Saemaul Bank extended loans of KRW 200 million to C on August 1, 2008 (hereinafter “instant loans”), and completed the registration of creation of a mortgage on D’s land prior to the instant subdivision, which was comprised of KRW 260 million with the maximum debt amount, KRW 30 million with the obligor C, Defendant Song-dong Saemaul Bank, the mortgagee, and Defendant Song-dong Saemaul Bank. However, on March 9, 2009, the Defendants paid KRW 50 million with the Plaintiff’s share (2,300/9,581) as part of the principal and interest of the loans of KRW 200 million with the Plaintiff’s share (7,281/9,581) as the remainder of C’s share (hereinafter “the registration of modification of the mortgage”).
(2) On June 23, 2009, Defendant A lent KRW 200 million to E, who is the husband of C and C (hereinafter “instant loan”). On June 23, 2009, Defendant A completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to C’s share (7,281/9,581) out of D’s land prior to the instant subdivision, with the maximum debt amount of KRW 200 million, the debtor C and the mortgagee A as Defendant A (hereinafter “Defendant A’s collateral security”).
Before the subdivision of this case, D land is located.