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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From November 2005 to August 2008, C, the representative director of the Plaintiff, from November 24, 2005 to August 24, 2005, entered into a contract to sell part of the land C, E, and F land in KRW 3 billion to the Defendant ( April 24, 2007, D was subject to registration conversion to G in the case of Pakistan, and E was subject to registration conversion to H in the case of Pakistan.
(2) On November 25, 2005, the Defendant: (a) on November 23, 2005, paid to C the intermediate payment of KRW 1.64 billion; (b) on November 24, 2005, in lieu of the remainder payment of KRW 1.350 million, agreed that C’s collateral security obligation against the land subject to the said purchase and sale shall be succeeded by the Defendant. At the time, the Defendant at the time, on November 25, 2005, entered into a mortgage registration with the maximum debt amount of KRW 3 billion on the above D and E’s land, with the maximum debt amount of KRW 1,861 square meters and 1.61 square meters of the remaining land; and (c) 952,500,000 on March 20, 2006, to sell the land in addition to the remainder payment of KRW 1.350 million.
The Defendant, while paying the above purchase price in three-lanes, agreed to deliver a promissory note in a notarized manner in the amount of KRW 352,500,000 to C.
3) After that, while the term of each of the above sales contracts was not fulfilled properly, the Pakistan-do Livestock Industry Cooperatives (hereinafter “instant land”) refers to the said F, G, and H land (hereinafter “instant land”).
(4) On January 2, 2008, the Defendant applied for the auction of real estate rent to the Jinyang-gu District Court, the Goyang-gu District Court, and the Defendant was awarded a successful bid of the instant land of KRW 3.75 million and acquired ownership in full at the auction procedure conducted accordingly. Meanwhile, the Defendant received dividends of KRW 2.1 billion as a mortgagee in the distribution procedure conducted on the basis of the said auction procedure. (4) The Defendant was paid dividends of KRW 2.1 billion as a mortgagee in the distribution procedure conducted on the basis of the said auction procedure. Nonparty was not paid an intermediate payment of KRW 300 million from the Defendant under the said sales contract, and on behalf of the Defendant.