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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. The Defendant’s establishment of each of the instant collective security rights 1) The Defendant’s establishment of each of the instant collective security rights 121 square meters and its ground buildings with D major 121 square meters and its ground buildings, E major 89 square meters (in sequence, referred to as “1 land,” “one building,” and “second-class land,” and all of the real estate is “the instant
(C) The following: (2) The Defendant loaned money to F around 2003 to F and completed the registration of the establishment of a neighboring mortgage over the instant real estate amounting to KRW 120 million on July 25, 2003.
(hereinafter “First-mortgage”). On February 15, 2012, the Defendant, while lending additional money to F in 2012, completed the registration of creation of a mortgage over the instant real estate with the maximum debt amount of KRW 42 million.
(hereinafter referred to as “second-class collateral security”, and collectively referred to as “second-class collateral security” 3) F is also a site for G gas station (hereinafter referred to as “G land”) at the time of permanent residence in addition to the instant real estate.
(B) At the time of the establishment registration of the second neighboring real estate, the Defendant completed the registration of the establishment of a joint collateral security with respect to the land other than the instant real estate. The F completed the registration of ownership transfer with respect to G land on August 22, 2014 in the name of the agricultural corporation, Jeon Farming Co., Ltd.
(C) On May 31, 201, after concluding a lease contract with a deposit of KRW 50 million, F paid a deposit in full and received the instant commercial building at that time. On May 27, 201, a business registration report was filed on May 27, 201, the fixed date was obtained on May 31, 201. C. A compulsory auction and preparation of a distribution schedule on the instant real estate was rendered on the instant real estate as F’s creditor, F’s Credit Guarantee Fund, and H’s request, and the decision to commence compulsory auction was made on the instant real estate under the Daegu District Court Branch B and C (Dual). The instant real estate was
b.0.0 c.