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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basic facts are acknowledged as either a dispute between the parties, or acknowledged by adding the whole purport of the pleadings to Gap evidence Nos. 2 to 6, 9, and 11 (including a Serial number), and to the head of the Seoul District Office building of this Court and the head of the Seoul District Office of the corporation D.
A. On January 10, 2014, Nonparty E loaned the instant loan obligation of Defendant Company KRW 320 million (hereinafter “instant loan”) at the maturity of payment on July 10, 2014 and at the rate of 24% per annum for interest interest. Nonparty E guaranteed the Defendant Company’s debt.
On the other hand, in order to secure the Defendant Company’s loan obligation of this case, the Defendant Company entered into a mortgage contract providing 6 bonds (G through H Dong, hereinafter “Defendant Company’s secured real estate”) on the land of Jung-gu Incheon Special Metropolitan City, and 7 lots, including 3209m2, J. J. 3209m2 (hereinafter “I secured real estate”) on the same day, and accordingly, the establishment registration of mortgage on each of the above real estate was completed in the future E.
B. E demanded the instant loan bonds out of the Defendant Company’s secured real estate to distribute the proceeds from sale with the instant loan bonds during the public auction procedure for Gdong building, and was allocated KRW 53,896,475 out of the proceeds from sale on August 26, 2015.
C. On April 17, 2017, E transferred the instant loan claims to the Plaintiff. On the same day, E transferred the instant loan claims to the Plaintiff, and there was an additional registration of the transfer of the right to collateral security from E to the Plaintiff, changing the mortgagee from E to the Plaintiff.
On November 3, 2017, E notified the Defendant Company and Selection C of the assignment of the above assignment of claims.
E. On November 9, 2017, the Plaintiff entered into a pledge agreement on I-mortgage with Nonparty K on the I-mortgage, and on the same day, the additional registration of the establishment of the pledge right on I-mortgage was completed in K.
On November 15, 2017, the Plaintiff notified I of the above pledge.
F. L Co., Ltd., a creditor of I, on April 26, 2017, and the Plaintiff on April 26, 2017.