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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around April 2006, D, the Plaintiff’s fraud, entered into a sales contract with the agent of E and the agent of Dosan-si, Gunsan-si, Gunsan-si, to purchase KRW 477.4 square meters and above-ground buildings (hereinafter “G real estate”) with the purchase price of KRW 560 million (hereinafter “instant sales contract”).
B. However, on July 4, 2006, E borrowed KRW 500 million from the Defendant and completed the registration of creation of a neighboring mortgage covering KRW 700 million with respect to G real estate in the future of the Defendant on the following day. However, on October 20, 2006, E filed an application for voluntary auction against G real estate with the Jeonju District Court Ha on October 20, 2006, based on the aforementioned right to collateral security.
(hereinafter referred to as “application for voluntary auction”)
On June 21, 2007, the Plaintiff completed the registration of ownership transfer for G real estate D in the future and acquired the obligation against E’s Defendant on July 12, 2007, and prepared a written statement to the Defendant on July 12, 2007 that “The Defendant provided G real estate as collateral and repaid KRW 300 million, and the remainder of KRW 25 million and interest KRW 25 million, and the auction cost KRW 6.5 million, shall be jointly and severally guaranteed by the Plaintiff and jointly guaranteed by the Plaintiff, and KRW 23,1.5 million, the sum of KRW 200 million and interest KRW 200,000,000,000 shall be KRW 737 square meters, J case 317 square meters, and KRW 539 square meters, 219, and KRW 387 square meters, and KRW 2,245 square meters, each of the above lands shall be collectively referred to as “instant land”).
(hereinafter referred to as “instant letter”). D.
Accordingly, as to the instant land, the Defendant completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) consisting of the maximum debt amount of 300 million won (hereinafter “registration of creation of mortgage of this case”) by the Jeonju District Court No. 32559, Jul. 30, 2007.
E. On August 5, 2007, the Plaintiff and D borrowed KRW 236.5 million from the Defendant and the Plaintiff jointly and severally guaranteed the Defendant’s obligation of borrowing KRW 23.5 million.