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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 28, 2006, the Plaintiff is an incorporated farming association established under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises. The representative director of the Plaintiff is C, and D and E are children of C. D before September 28, 2009 (the Plaintiff’s corporate register was dated September 28, 2009).
(2) On September 28, 2012, the Plaintiff’s representative director was the Plaintiff, and E is responsible for the Plaintiff’s audit from September 28, 2009 to September 28, 2009. (2) The Defendant asserted that the Plaintiff has a claim for loans of KRW 100 million against the Plaintiff. As Jeju District Court 2013Kadan834, the Defendant filed an application for provisional seizure of real estate regarding 9 real estate, including 615 square meters in store sites in Seopo-si, Seopo-si, Seopo-si, the Plaintiff owned, and received a ruling accepting an application for provisional seizure of the said real estate from the Jeju District Court (hereinafter “instant provisional seizure”).
3) On June 27, 2013, the Plaintiff deposited KRW 100 million as Jeju District Court Decision 2013No. 1040, the claim amount of the provisional seizure order of this case (hereinafter “the instant provisional seizure deposit”) with the Jeju District Court Deposit at Sea (hereinafter “the instant provisional seizure deposit”).
(B) On July 1, 2013, the Jeju District Court rendered a decision to revoke the execution of the instant provisional seizure. (B) On July 5, 2013, the Plaintiff filed a lawsuit against the Defendant seeking confirmation that “the Defendant does not have any obligation to lend” alleged as the preserved claim for the instant provisional seizure under the Jeju District Court 2013Gahap5615.
On July 18, 2013, the Defendant filed a lawsuit against the Plaintiff and D seeking payment of the loans amounting to KRW 19,200,000 (the remaining amount after repeated lending and repayment from November 23, 2005 to November 14, 201) including the loans amounting to KRW 100,000,00,000 including the loans amounting to KRW 100,00,00,000, which is the preserved claim of the provisional seizure of this case, by Jeju District Court 2013Gahap2159.
(hereinafter “each case”). The second court of the first instance (hereinafter “each case”) joined each case on December 3, 2013, and subsequently on February 5, 2015.