beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. As to each real estate listed in the separate list owned by the Plaintiff on September 2, 2016, the registration of creation of a neighboring mortgage of KRW 70,000,000 for the maximum debt amount and KRW 100,000 for the remainder of the maximum debt amount in Defendant C in the future (hereinafter “each of the instant collateral security rights and the registration of creation”) was completed on September 2, 2016, Defendant B lent KRW 10,000,000 to the Plaintiff on April 25, 2016, and KRW 10,000,000 for Defendant C lent to the Plaintiff on June 27, 2016; the Defendants are the representative director of the Plaintiff at the time of the registration of establishment of each of the instant collateral security rights, or the purport of the entire pleadings can be acknowledged by comprehensively taking account of the following evidence 1-1, 2-2, 2-1, 2-2-1, and 2-2-1, respectively.
2. The parties' assertion
A. The secured claim of each of the instant claims in the instant case is a loan claim held against the Plaintiff (hereinafter “loan claim of this case”) by the Defendants lending KRW 10,000,000 to the Plaintiff, as it was based on the facts.
However, due to an agreement between D and the Plaintiff and E, the parent company of the Plaintiff, (hereinafter “Nonindicted Company”), D transferred its claims against F in lieu of the repayment of the instant loan claims. Accordingly, the instant loan claims have been repaid and extinguished, and accordingly, the registration of creation of a new mortgage of each of the instant claims should be revoked.
B. On February 14, 2017, the Plaintiff prepared a written statement with D to adjust the obligation and obligation with D, and agreed to not file a legal administrative issues in the future with D. The establishment registration of each of the instant establishments was due to the Plaintiff’s obligation and obligation. Therefore, the Plaintiff’s filing of the instant lawsuit is unlawful against the Plaintiff’s claim and obligation. 2) The Defendants, other than the above KRW 10,000,000, to the Plaintiff via D, as well as KRW 60,000 or KRW 90,000,000.