beta
Text
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. On April 27, 2015, the Plaintiff: (a) as interest rate of KRW 100,000 from D, KRW 380,000 per month; (b) as interest rate of KRW 130,000 from Defendant B at KRW 1,30,000 per month, the Plaintiff drafted a certificate of borrowing each borrowed object (No. 3-2; hereinafter “the instant loan certificate”).
B. On April 27, 2015, the Plaintiff issued to D a promissory note (hereinafter “instant promissory note”) with a face value of KRW 230,000,000, issue date on April 27, 2015, and the due date on September 27, 2015, and a notary public made and issued a notarized deed (hereinafter “notarial deed of this case”) No. 295 of the 2015 Certificate No. 2015.
C. On October 29, 2015, Defendant B acquired the claim amounting to KRW 130,000,000 out of the instant promissory note bonds from D, and Defendant C acquired the claim amounting to KRW 100,000,000 out of the instant promissory note bonds on the same day, and each of the said assignment of claim reaches the Plaintiff at that time.
Defendant B, on March 22, 2016, made the instant authentic deed as an executive title and filed an application for a compulsory auction as to the instant authentic deed E, 301, 302, 303, 304, 401, 402, 403, and 503 in Ansan-si, Ansan-si, the Plaintiff owned, with the claim amount of KRW 130,00,00,00, and received a decision to commence the compulsory auction on April 4, 2016.
E. On March 22, 2016, Defendant C applied for a compulsory auction as to the instant Nos. 50,000,000 won and applied for a compulsory auction as to the instant Nos. 5, 504, 601, 602, 603, 604, 701, 702, 703, and 704 in Gyeyang-si, Ansan-si, the Plaintiff owned, and received a decision to commence the compulsory auction on April 4, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 3, 4, 6, and 7, and the purport of the whole pleadings
2. The plaintiff's assertion is the representative of H Co., Ltd. (hereinafter "H"), and H is the Gwanak-gu in Seoul Special Metropolitan City I.