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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a representative director of D Co., Ltd. (hereinafter “D”). Defendant B is a person who was the representative director of the Agricultural Partnership E (hereinafter “E”), and Defendant C was a person who was in charge of lending business as F by Defendant Private Agricultural Cooperatives (hereinafter “Defendant Association”).
B. On February 208, G and 31 parcels of real estate owned by E, the establishment registration of a neighboring mortgage-holder H, Defendant B, and the maximum debt amount of KRW 450 million was completed on February 20, 2008. However, on October 21, 2008, H’s voluntary auction application based on the above right to collateral security was commenced on October 21, 2008.
C. Upon Defendant B’s request on February 20, 2009, the Plaintiff borrowed KRW 150 million from the Defendant Cooperative as collateral, and paid KRW 100 million to Defendant B. At the same date, J, a representative director of E, as of the same day, borrowed KRW 300 million from the Defendant Cooperative as collateral real estate owned, and H, on the same day, cancelled the registration of the establishment of the neighboring real estate and withdraw the above application for auction.
With respect to E-owned real estate on February 20, 2009, the registration of creation of a mortgage with the debtor J, the defendant association of the mortgagee, the maximum debt amount of KRW 390 million, and the registration of creation of a mortgage with the debtor E, the mortgagee of the right to collateral security, and the maximum debt amount of KRW 50 million on February 27, 2009, respectively.
E. Upon the application of the Defendant Union, on April 20, 2012, the procedures for voluntary auction ( through the Changwon District Court) began on April 20, 2012 regarding the real estate owned E, and the amount of KRW 3,169,80,965, to be actually distributed in the distribution procedures, was distributed to the Defendant Union, which is the holder of the first priority right, as well as the third,168,72,335 won (the reported amount of claims KRW 3,832,906,470), respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers in case of additional number), and Eul evidence No. 1, respectively.