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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 May 31, 2016, the Plaintiff provided a credit guarantee for KRW 486,00,000, which was 90% of the 540,000,000,000 loaned from D Co., Ltd. (hereinafter “D”). As a credit guarantee accident of C, the Plaintiff subrogated for KRW 344,798,292 on September 7, 2018.
B. On September 7, 2018, the Plaintiff, based on the said subrogation, partially transferred the registration of the transfer of each of the above collective security rights on September 20, 2018: ① 2,497 square meters for E factory site in Ansan-si; ② 172 square meters for F forest land; ③ 1,640 square meters for G factory site (hereinafter referred to as the “each of the instant lands”); ② 3rd collective security rights (the maximum amount of claims 648,00,000) with regard to the third collective security rights (the “each of the instant real estate”) within the scope of subrogation; ④ 40-dong E ground, general steel structure H, 449.5 square meters for factories; ② 20-dong, general steel structure, 207.9 square meters, 207.37 square meters, 37 square meters, 204 square meters for each of the above collective security rights (the instant collective security rights) and completed the registration of the transfer of each of the above collective security right.
C. On February 3, 2016, D obtained the first priority mortgage regarding each of the instant lands, “debtor C, the maximum debt amount of KRW 600,00,00,000,” and on the same day, D obtained the second priority mortgage of “C, the debtor, the maximum debt amount of KRW 1,200,000,000” (the change of the maximum debt amount of June 24, 2016 to KRW 1,80,000), and on June 10, 2016, D was established with the third priority mortgage of “C, the debtor, the maximum debt amount of KRW 648,00,000,00.”
As stated in paragraph 3, part of the third priority mortgage was transferred to the Plaintiff.
In addition, D on April 29, 2016, with respect to each of the instant buildings, "debtor C, the maximum debt amount 1,200."