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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 25, 2010, C issued to the Plaintiff a promissory note of KRW 2 million at a face value, and a notary public drafted an authentic deed under a monetary loan agreement of KRW 655,000,000 on January 18, 201, as well as KRW 10,000,000 ( January 19, 201, 201) with respect to the same legal entity’s loan agreement of KRW 58,00,000,000,000 for the loan of KRW 3 million on February 11, 2011, respectively, by a notary public as to the Plaintiff.
B. In addition, on July 11, 2011, the Plaintiff filed an order for payment with the Changwon District Court Branch 201j. 2032 (hereinafter “19 million won and damages for delay”) with the said court ordering C to pay the said amount on July 12, 201, upon which C did not raise any objection. As such, it became final and conclusive on July 29, 201 on the ground that C did not raise any objection.
C. C entered into a sales contract with the Defendant on November 17, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate on which November 17, 201, as indicated in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer to the Defendant on the ground of the instant sale on December 1, 201.
However, at the time of the conclusion of the instant sales contract, the instant real estate is ① the registration of creation of a collateral security right (hereinafter “registration of a collateral security right”) with the maximum debt amount of KRW 54 million, ② the registration of creation of a collateral security right holder D, the maximum debt amount of KRW 45 million (hereinafter “registration of a collateral security right”), ③ the registration of creation of a collateral security right holder E, the maximum debt amount of KRW 10 million (hereinafter “registration of a collateral security right”), ③ the registration of a collateral security holder E, and the third collateral security right holder”.
On June 17, 201, the application of the second mortgagee D was completed on June 17, 201, the registration of voluntary decision to commence auction was completed.
E. The Defendant completed the registration of ownership transfer on December 1, 201 according to the instant sales contract.