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1. The plaintiff's primary and conjunctive claims against the defendant A are all dismissed.
2. The plaintiff's defendant B.
Reasons
1. Basic facts
A. The non-party D Co., Ltd. (hereinafter “non-party D”) entered into a credit guarantee agreement with the Plaintiff on June 19, 2006, with the Plaintiff’s coverage amounting to KRW 319,200,000, guarantee period from June 19, 2006 to June 18, 2009, and issued a guarantee certificate from the Plaintiff. The non-party C jointly and severally guaranteed the obligation related to the above credit guarantee agreement against the Plaintiff by the non-party company.
B. After the occurrence of a credit guarantee accident in which the non-party company did not pay a loan, the plaintiff subrogated for 325,532,228 won to the Han Bank on July 13, 2009 in accordance with the above credit guarantee agreement, and then filed a lawsuit for the claim for indemnity amount (294,926,682 won) with the Seoul Central District Court 2009Gahap117732 on October 16, 2009 and won the judgment in favor of the court on April 29, 2010. The above judgment became final and conclusive around that time.
C. Defendant A completed the registration of establishment of a mortgage on the real estate indicated in the separate sheet (hereinafter “the instant real estate”) by the Suwon District Court on January 26, 2012, and the registration of establishment of a mortgage on February 22, 2012 as the receipt of No. 8779 on February 22, 2012. On the same day, on the instant real estate as of February 22, 2012, Defendant A completed the registration of establishment of a mortgage over KRW 52 million with the maximum debt amount of KRW 52 million with the debtor as the Gyeonggi-Namnam Fisheries Cooperatives, and the registration of establishment of a mortgage over KRW 52 million with the debtor as of December 13, 2013. In other words, the registration of establishment of a mortgage was completed by the Suwon District Court and the creditor as the debtor on February 25, 2012 due to a contract establishing a mortgage on February 25, 2012.
[Ground of recognition] Facts without dispute, Gap 1-3's entries, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) at the time of the purchase of the instant real estate by Defendant A, Defendant A, at the time of the purchase of the instant real estate, can purchase the said real estate with their economic power alone.