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1. All of the plaintiff's lawsuits of this case are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2006, the Plaintiff concluded a real estate sales contract with the non-party company on May 29, 2006, with the representative director D of the non-party corporation C (hereinafter “non-party company”) who was promoting the construction of multi-family housing after purchasing each of the lands listed in attached Table 1(1) through (4) owned by the Plaintiff (hereinafter “each of the instant lands”) and the leased lands, and entered into a real estate sales contract with the non-party company with the sales price of KRW 7.6 billion.
B. On December 13, 2006, when the non-party company obtained a loan of KRW 2.8 billion from the defendant, the plaintiff added each of the above buildings to the "each of the buildings of this case" and each of the buildings listed in [Attachment 1] 5 and 6 of [Attachment 1] to the defendant, and "each of the above buildings" to the "each of the buildings of this case" and the land of this case and each of the above buildings.
2) As to the registration of the establishment of a neighboring mortgage as stated in paragraph (1) of the attached Table 2 (hereinafter referred to as the “mortgage 1 of this case”).
(2) On December 29, 2006, the non-party company acquired ownership of each of the instant lands from the Plaintiff, and thereafter the non-party company completed the registration of ownership transfer on September 4, 2007 with respect to each of the instant lands to the non-party KF real estate trust company on September 4, 2007;
On February 28, 2007, upon receiving an additional loan of KRW 300 million from the Defendant, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant collateral security”) as stated in the attached Table 2 List 2 attached hereto with respect to the instant real estate, including the instant collateral security and the instant first and second collateral security (hereinafter referred to as the “each of the instant collateral security”).
At the time, the Plaintiff jointly and severally guaranteed the above non-party company's loan debt amounting to KRW 300 million.
C. One Defendant, on December 20, 201, such as the decision to commence voluntary auction on the instant real estate, shall grant loans to the Plaintiff and the Nonparty Company.