Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The summary of the case is the case where the plaintiff sought damages against the defendant on the ground that the defendant, who lent funds as a security for the joint mortgaged including the plaintiff's leased house, violated the principles of trust and good faith, and by deception and deception. The plaintiff received only KRW 73,514,731 out of KRW 250,000,000,000 from the auction procedure of the leased house and incurred losses from not recovering the remaining KRW 176,485,269 (i.e., KRW 250,000,000 - KRW 73,514,731).
On May 22, 2009, the establishment registration of a mortgage was completed in the name of the debtor B and the maximum debt amount of KRW 1,352,00,000 under the name of the debtor, the maximum debt amount of KRW 1,352,00,000, with respect to the Seocho-gu Seoul Metropolitan Government Loan No. 101 (hereinafter referred to as the "leased Housing"), 201, 301 and 401.
With respect to 401, Sep. 16, 2010 and May 2, 2011, the establishment registration of a neighboring establishment in the defendant's name was cancelled on May 2, 201.
On May 2, 2011, changing the maximum debt amount to KRW 637,00,000 has been registered for change of the right to collateral security.
(Joint Security left a leased house and 201). On December 19, 2009, the Plaintiff entered into a lease agreement with B to lease a leased house with a lease deposit of KRW 250 million, and from February 17, 2010 to February 16, 2012, the Plaintiff agreed as follows:
2. The contents of the joint collateral security in the name of the defendant are classified into each household at the same time as the remainder payment, and the leased house will remain at 100 million won and be repaid.
3.B does not receive any additional loan within the term of lease.
Since auction and dividend B failed to repay leased houses and loans with joint collateral No. 201, the defendant filed an application for voluntary auction with Seoul Central District Court D.
The plaintiff shall apply for a compulsory auction to Seoul Central District Court E and the auction proceeds.