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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 18, 2007, the Plaintiff completed on December 18, 2007 the registration of Busan District Court and the registration of establishment of a mortgage with respect to each real estate indicated in the separate sheet No. 70094 (hereinafter “instant real estate”) with respect to each real estate indicated in “the indication of the instant real estate”).
(hereinafter “instant collateral security”). B.
C On February 20, 2013, the Busan District Court completed the registration of collateral security (hereinafter “instant registration of collateral security”) to the Defendant on February 13, 2013, which was based on the transfer of confirmed claim as of February 13, 2013.
C. Afterwards, C filed a lawsuit against the Defendant on the ground that “the Defendant was to receive KRW 350 million from the Defendant, and transferred the instant right to collateral security, but the Defendant did not pay the said money, and the Busan District Court 2014Gahap12136, which claimed the execution of the procedure for cancelling the registration of cancelling the registration of the transfer of collateral security, was sentenced to the judgment dismissing the claim (hereinafter “the first judgment”) on March 12, 2015 on the ground that it is difficult to recognize the contractual fact as alleged by the above court. However, C appealed appealed to the Busan High Court 2015Na2195, but was sentenced to the dismissal of the appeal by the said court.
On the other hand, D, a subordinate mortgagee on the instant real estate, asserts that the Defendant was either by false conspiracy or by false representation, or by the amount of the secured debt is only KRW 200 million, and filed a lawsuit seeking confirmation of the existence of any portion exceeding KRW 200 million out of the secured debt of the instant secured debt with the Busan District Court 2014Gahap108, Busan District Court, but it is reasonable to dismiss the claim on September 4, 2014 on the ground that the amount of the secured debt of the instant secured mortgage was KRW 40 million from the above court.