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1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 1, 2007, when the Plaintiff invested 500 million won in C Co., Ltd. (hereinafter “Nonindicted Company”) on August 1, 2007, the representative director of the Nonindicted Company B guaranteed the obligation to return. On January 30, 2009, the Plaintiff terminated the investment agreement on the ground of the non-party company’s breach of the investment agreement. On June 25, 2009, the non-party company prepared and issued a notarial deed that returned the Plaintiff’s principal and interest amounting to KRW 586,835,810.
B. Meanwhile, on April 20, 2010, Nonparty Company: (a) concluded a mortgage agreement with Defendant on April 21, 2010 with respect to the attached real estate owned by it (hereinafter “instant real estate”); and (b) completed the registration of creation of a mortgage over the maximum debt amount of 300 million won (hereinafter “the first registration of creation of a mortgage”) with the Seoul Central District Court’s registry office as of April 22, 2010, in order to secure the obligation to repay the debt when borrowing KRW 500 million from Defendant; (c) prior to the entry of the first registration of creation of a mortgage on the instant real estate, the Korean National Bank, the maximum debt amount of KRW 45 million, and the debtor’s establishment of a mortgage over the instant real estate was already entered; (b) the Defendant completed the registration of creation of a mortgage over KRW 300,000,0000,0000,0000,000 won (hereinafter “the maximum debt amount of the instant real estate”).
E. However, while the instant lawsuit is pending, voluntary auction was initiated with the Seoul Central District Court F, and KRW 214,072,541 to the Defendant on December 20, 2012.