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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 24, 2013, the Plaintiff (former: C Co., Ltd., and at the time of representative director D) borrowed money from E Co., Ltd. (hereinafter “E”) (hereinafter “the instant lending of money”), and created a collateral security (hereinafter “instant obligation”), which is one’s own property, with the secured obligation (hereinafter “instant obligation”). The Plaintiff provided the instant real property as joint collateral and set up a collateral security (a maximum debt amount of KRW 1.9 billion) with respect to the said real property as a maximum debt amount of KRW 1.9 billion (hereinafter “instant obligation”).
B. As the above D’s spouse, the Defendant provided the Gangnam-gu Seoul Metropolitan Government G Apartment and Hho (hereinafter “instant apartment”) as an additional security for the instant debt, and the registration of the establishment of the instant apartment was completed as Seoul Central District Court’s registration No. 45297, Feb. 27, 2015, as to the instant apartment.
C. On December 21, 2015, E transferred the above loans, claims, and collateral security to the Plaintiff to P Co., Ltd. (hereinafter “O”) on December 21, 2015, and completed the registration of collateral security under the Seoul Central District Court’s registration No. 365394, Dec. 21, 2015; however, O applied for voluntary auction on the instant apartment to the Seoul Central District Court on December 30, 2015.
In addition, I will pay a sum of KRW 300 million on the condition that I will withdraw from the voluntary auction of the apartment of this case (Seoul Central District Court J) and terminate the joint security, and will proceed with the withdrawal of auction and the termination of the joint security.
The main security (other than the Gwangju Northern District Court F, related to the L Auction Case), the main debt of the Gwangju District Court 1,470,000,000 won is clear, and the defendant and D do not assert their rights through civil and criminal lawsuits, and confirm that this secured district court did not raise any objection and objection to the auction proceedings of the Gwangju District Court.