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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 April 26, 2005, the loan certificate of KRW 45 million and KRW 100 million and the loan certificate of KRW 100 million and the loan certificate of KRW 30 million are owned by the Defendant, and the Plaintiff borrowed KRW 45 million from the Defendant, and on April 27, 2005, the Plaintiff prepared a loan certificate of KRW 100 million and delivered it to the Defendant on April 28, 2005. On April 28, 2005, the Plaintiff and the Plaintiff’s husband C (hereinafter referred to as “the Plaintiff’s husband and wife”) shared 1/2 shares in the attached list (hereinafter referred to as “the instant real property”). As to the real property (hereinafter referred to as “the instant real property”), the Plaintiff completed the registration of the establishment of a mortgage over KRW 100 million in the future against the Defendant, and the obligor C (hereinafter referred to as the “mortgage 1”).
B. On September 20, 2007, the Plaintiff’s husband and wife of the second collateral mortgage prepared a loan certificate of KRW 200 million and delivered it to the Defendant on September 20, 2007. On September 21, 2007, in order to secure the obligation under the above loan certificate, the Plaintiff’s husband and wife of the second collateral mortgage made a registration of creation of collateral for the instant real estate with the maximum debt amount of KRW 200 million and the obligor C (hereinafter “the second collateral mortgage”).
C. On March 11, 2008, the Plaintiff prepared a letter of commitment that the Defendant would pay 2 million won per month on the condition that the Defendant would not apply for a voluntary auction based on the right to collateral security. D.
On October 16, 2008, Nonparty D, another creditor against the Plaintiff, applied for a compulsory auction with respect to 1/2 shares, which are the Plaintiff’s shares, out of the instant real estate, to the Seoul Southern District Court E on September 18, 2009. The Defendant, in the distribution procedure for the said compulsory auction on September 18, 2009, as the first collateral mortgagee of the instant case, KRW 100 million, as the first collateral mortgagee of the instant case, KRW 8,49,352 in total, KRW 108,49,352 in total, and KRW 108,49,352 in total.