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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) With respect to the instant land owned by E and F, D completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the instant land, which was owned by E and F, under No. 24450, Oct. 1, 2008, the maximum debt amount of KRW 100 million, the debtor E and the mortgagee D (hereinafter “instant collateral security right”).
(2) The Defendant, on October 5, 2008, lent 60,000,000 won to D at interest rate of 20% per annum.
(3) On October 8, 2008, G acquired from D the part equivalent to KRW 40 million of the secured debt of the instant right to collateral security from D, and completed the supplementary registration of partial transfer of collateral security from October 8, 2008 to this court. On October 14, 2008, the Defendant transferred from D the part equivalent to KRW 60 million of the secured debt of the said right to collateral security from D on October 14, 2008, and completed the supplementary registration of partial transfer of collateral security (hereinafter “registration of partial transfer”).
(4) The part of the instant right to collateral security (hereinafter “instant right to collateral security”) that was transferred to G is “the first right to collateral security” and the part that was transferred to the Defendant was purchased from E and F, and completed the registration of ownership transfer as to the instant land by the court No. 21456, Jul. 30, 2009.
(5) On August 11, 2009, H, the Defendant’s birth, completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) under the Act No. 22507, which was received on August 11, 2009.
B. (1) Around September 201, the Plaintiff entered into an agreement with D to lend KRW 140,000,000 to D with respect to the construction of a newly built factory on the ground of the instant land, and D to pay KRW 400,000 to the Plaintiff after obtaining the loan by December 31, 2011.
D The Plaintiff claims for the registration of ownership transfer against H as security for the payment of the above KRW 400 million.