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1. The plaintiff's main claim is dismissed.
2.(a)
Attached Form B between the Defendant and B
1. Each building permit entered in the list; and
Reasons
1. Basic facts
A. B is the owner of the instant land, and C is the owner of land D, E, F, G, H, I, and one-half of the J land (hereinafter “C-owned land”).
B. On June 28, 2013, the Plaintiff loaned KRW 500,000,000 to B as of June 27, 2016. On August 18, 2013, the Plaintiff determined and lent KRW 500,000 as of August 16, 2016.
In addition, on June 10, 2013, the Plaintiff loaned KRW 1.8 billion to C as of June 10, 2016.
C. On June 5, 2013, in order to secure the above loan claims against C, the Plaintiff completed the registration of the establishment of a neighboring mortgage (Seoul District Court Decision 33101, Jun. 5, 2013, which was received on June 5, 2013) with respect to the instant land and land owned by C, the debtor of which is the Plaintiff, mortgagee, and the maximum debt amount of which are KRW 2,340,000,000,000,000,000,000. On June 25, 2013, the Plaintiff completed the registration of the establishment of a new mortgage with respect to the instant land and land owned by C, the debtor of which is KRW 2,34,00,000,000,000,000,000,000 won for the above loan claims against B (Seoul District Court Decision 2.37869, Jun.
B around June 2013, in order to secure the respective loan obligations against the Plaintiff, B and C agreed to provide additional security to the effect that “to provide the building constructed by B as the owner of the instant land (hereinafter “instant building”) as a security after obtaining approval for use” on the instant land.
E. B and C did not pay the interest on each of the above loans, and the Plaintiff received a voluntary decision to commence auction on each of the lands owned by B and C as Daegu District Court racing-Support K on May 27, 2014, and the above loan obligations of B lost the benefit of time.
F. After July 9, 2014, B entered into a sales contract with the Defendant to sell the instant land in KRW 50 million (hereinafter “land sales contract”) and the registration of ownership transfer in the future of the Defendant on July 11, 2014.