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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C owned 1429/6435 shares of 1429/6435 shares among D forest land 6,435 square meters (hereinafter “instant land”). Of the instant land, C’s share was completed on July 16, 2010 by the maximum debt amount of KRW 60 million, the debtor C, and the mortgagee of the right to collateral security (hereinafter “mortgage 1”).
B. Although C did not have borrowed money from the Defendant, C filed a lawsuit against the Defendant, claiming that the establishment registration of the first place of the instant establishment was established, and that the establishment registration of the first place of the establishment of the first place of the establishment was null and void because there was no cause claim, and that the establishment registration of the first place of the establishment was filed against the Defendant. On July 3, 2011, between C and the Defendant and the Intervenor E during the said lawsuit, E assumed the secured obligation of the first place of the establishment registration of the establishment of the first place of the establishment, and the Defendant consented thereto, and the Defendant and E implement the procedure of the alteration registration of the obligor by changing the debtor from C to E.
C. As to the instant land, the registration of ownership transfer was completed on April 16, 2012 on the ground of sale and purchase as of April 12, 2012, and the registration of ownership transfer was completed on the same day, and the registration of establishment was completed on the same day as the maximum debt amount of KRW 910 million, the debtor, the plaintiff, and the mortgagee of the right to collateral security. On the same day, the registration of establishment of a neighboring mortgage was completed on the same day after the registration of creation of the first neighboring mortgage was revoked on the grounds of termination.
Meanwhile, on April 17, 2012, the Plaintiff and the Defendant: (a) on April 17, 2012, a notary public, from the Defendant on April 16, 2012, borrowed KRW 55 million from the Plaintiff to the notary public of Onnuri Donuri-ri; (b) on September 30, 2012, the due date for repayment is set at 20% per annum; and (c) the said borrowed amount is not repaid.