beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter referred to as “C”) and the Plaintiff loaned KRW 750 million to the Plaintiff on September 196, 1996. The Plaintiff, as security, agreed to cancel all of the senior rights of this case by fully repaying the claims of the above senior rights holders with the above senior loans, on two lots of land D and E (F land in the above D land on February 10, 1998, and G land in the above E land were partitioned; hereinafter the same shall apply) and one building on land (the building in this case was unregistered at the time; hereinafter the building in this case). However, each of the above lands in this case has been registered with each of the senior rights holders as collateral and the registration of provisional attachment (hereinafter referred to as “the senior rights of this case”).
(hereinafter referred to as the “instant loan agreement”). B.
According to the loan contract of this case, C and the Plaintiff entered into a mortgage agreement with respect to each of the instant lands and the instant buildings on September 25, 1996 (hereinafter referred to as each of the instant real estates), with the purport to set up a mortgage of KRW 1120 million with the maximum debt amount of KRW 120 million, the debtor, the creditor, and the joint mortgagee C, and on September 30, 1996, the establishment registration of each of the instant real estates was completed.
C. However, on September 24, 1996, H, the creditor of the Plaintiff, received a decision to commence compulsory sale of each of the instant real estate from the Daejeon District Court Red Branch I, and on September 25, 1996 at the request of the above court, on September 25, 1996, the registration of application for compulsory sale by official auction was completed (in the instant building, the registration of preservation was completed upon the above entrustment of registration). In addition, on September 25, 1996, J received a decision to prohibit provisional disposal of the instant building as the above red support 96Kahap445, and on the same day, C or the Plaintiff was aware of it at the time of the instant loan agreement.
C H H’s status.