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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. The plaintiff's assertion
A. In around 198, Defendant C and Defendant B church (hereinafter “Defendant church”) borrowed KRW 70,000,000 from the Korea Guarantee Insurance Co., Ltd. as security KRW 210 square meters (hereinafter “instant real estate”) owned by the Plaintiff and used it as the cost of constructing the Defendant church building.
B. Since then, as creditors of the above KRW 70,00,00 were changed to Donga Mutual-Aid and Finance Company, and the debtor was changed to the plaintiff, the plaintiff is a debtor with respect to the above KRW 70,000,000 loans between the defendants and the defendants, instead of bearing the duty to return, the plaintiff lent the above KRW 70,000 to the defendants, and the defendants agreed to pay interest on the above loans to the plaintiff.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 70,000,000 and interest thereon.
2. Determination
A. The following facts are acknowledged according to Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 4, Gap evidence 7-1, 2, Gap evidence 8-1 and 2.
1) On October 21, 1998, the establishment registration of a mortgage with respect to the instant real estate was completed on October 21, 1998, consisting of a surety insurance company against the mortgagee, Defendant C, and the maximum debt amount of KRW 117,00,000.
B) On September 14, 1999 with respect to the instant real estate, the registration of the establishment of a collateral security company in Dong-a Mutual Savings and Finance Company, Dong-a Mutual Savings and Finance Company, the debtor, the maximum debt amount of 105,000,000 won was completed, and thereafter on September 16, 1999, the registration of the establishment of a collateral security company against the mortgagee was cancelled. C) on October 11, 2001, with respect to the instant real estate, the registration of the establishment of a collateral security company in Dong-a Mutual Savings and Finance Company, the debtor, the maximum debt amount of 115,00,000 won was completed, and on October 11, 2001, the registration of the establishment of the collateral security company of Dong-a Mutual Savings and Finance Company, the mortgagee