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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 3 (including paper numbers).
On January 25, 2007, the registration of ownership transfer was completed on the ground of the transaction of December 28, 2006 (the transaction price of KRW 50,000,000) with respect to the real estate listed in the attached list 1 in the name of Nonparty C, each of which was listed in the attached list 1, and the registration of ownership preservation was completed on the real estate listed in the attached list 1.
B. As to each real estate listed in the attached list 1 of the real estate, the registration of provisional seizure was completed on January 25, 2007 by the debtor C, the maximum debt amount of 130,000,000,000 won, and the registration of provisional seizure by creditors D, E, F, and G, according to the order of provisional seizure against real estate by the Changwon District Court on April 26, 2007.
C. As to each real estate indicated in the attached list 2 of the real estate, the registration of creation of a mortgage, which is the joint mortgagee, was completed on August 31, 2007, the maximum debt amount of 56 million won, the debtor H (the husband of the owner I), the joint mortgagee-mortgaged agricultural cooperative.
On October 4, 2007, C borrowed the above amount to the Plaintiff on a fixed basis, “Won 130,000,000 Won per day” (Won 130,000,000 Won) and on a fixed basis, the due date for payment shall be 0 May 30, 2008.
The amount received as operating expenses of the KJ shall be the "on the port" loan (which used as K employee's benefits and factory facilities costs at the time of operating the corporation). The representative of the J.
C. I have drawn up a loan certificate stating "C".
E. On November 29, 2007, the defendant (C's partner) issued a check of KRW 70 million in total with KRW 60 million and KRW 10 million deposited with his own new bank account at the Jinju Central Branch, one copy of the check of KRW 50 million and 20 million. On the same day, around 17:25:42, one copy of the check of KRW 50 million was paid in cash at the same J at the same Jinju Central Branch.
(f).