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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 June 24, 2013, the Plaintiff agreed to obtain a loan of KRW 900 million from the Defendant, and the Plaintiff as a formal debtor B, and the Defendant also understood this.
(hereinafter “instant loan agreement”). On the same day, the Defendant paid KRW 900 million as the deposit account in the name of the Plaintiff’s management (hereinafter “instant deposit account”).
B. On the same day, the Plaintiff, as security of the instant loan agreement, agreed to set up and set up a mortgage with the maximum debt amount of KRW 11770,000,000 with respect to the land and the first building and the first building on the ground (hereinafter collectively referred to as the “each of the instant real estate”) owned by the Defendant, as to the land and the first building on the ground, and the land and the first building on the ground, which were owned by the Defendant, as security for the instant loan agreement, and accordingly the registration of creation of a mortgage in the Defendant’s name was completed.
At the time, on the instant land, ① the creation registration of superficies was completed on May 27, 201, based on the registration of creation of a mortgage, which was based on the establishment of a neighboring mortgage, which was based on the mortgage-backed mortgage-backed contract, and the Daejeon Motion Pictures and Credit Union on May 27, 2011, as the superficies-based superficies-based contract on May 27, 201, and ② the Integrated Construction with Limited Liability Company (hereinafter referred to as the “Mod Integrated Construction”) as the Plaintiff on December 3, 2012, on the ground that the provisional attachment registration was completed as the claim for the construction of a new building on the instant land of KRW 330 million against the Plaintiff on December 3, 2012 as the claim for the construction price of a new building on the ground of the instant land of this case.
C. On the other hand, the Plaintiff received the said money among comprehensive construction companies that collected prior to receiving a loan under the loan agreement of this case, the amount of the construction payment was settled as KRW 220 million.