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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. Facts of recognition;
A. The Plaintiff (formerly: D Cooperatives) is a legal entity that operates credit business, such as lending to its members, and Defendant B is a person who promoted a golf course construction project from 2002 to 200, as well as Defendant C’s private village E, to the Frith of the Gangnam-gu Seoul Special Metropolitan City.
B. A loan contract between the Plaintiff and the Defendant B, etc. 1) A around January 5, 2007, Defendant B was loaned KRW 1.1 billion as agreed upon by the Plaintiff at a rate of 8% per annum, interest rate per annum, 18% per annum, and due date of repayment on January 5, 2010 (hereinafter “the first loan contract”), and the loan obligation is “the first loan obligation”).
A) Around January 4, 2007, around that time, in order to secure the loan obligation of the above No. 1, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 1,320,000,000,000 (Seoul District Court Daejeon District Court registration for the establishment of a branch court and the receipt of No. 873 on January 4, 2007) with respect to the land owned by the Plaintiff as part of the Fri-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, including each of the instant land. (2) around June 19, 2009, the Plaintiff extended a loan of KRW 30,000,000 to the Plaintiff on a yearly rate of 9% per annum, the overdue interest rate of 20% per annum, and the due date of repayment on June 19, 201 (hereinafter “second loan contract”). The loan obligation is “second loan obligation”.
(2) On June 5, 2009, around that time, in order to secure the debt of the above 2 loans, E extended the registration of creation of a neighboring mortgage (Seoul District Court Decision 45424, Jun. 5, 2009) of the maximum debt amount, KRW 39,000,00 to the Plaintiff as collateral for the debt of the loans of the above 2 loans, and additionally completed the registration of creation of a neighboring mortgage (Seoul District Court Decision 200,000, Jun. 5, 2009). Meanwhile, on August 29, 2011, Defendant B began to delay the repayment of the debt of the 1 and 2 loans from the Plaintiff from February 201 to August 29, 2012, E extended the loan of KRW 120,000 from the Plaintiff as collateral for the construction of golf courses (hereinafter “third loan contract”), and the debt of the loan to the Plaintiff and E, as owned by the Defendant.