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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. B and D are married couple, and they jointly own 1/2 shares of F apartment 35 and 903 (hereinafter “F apartment”) located in Gangnam-gu Seoul.
B. D, upon the commencement of a reconstruction project for the F apartment complex, each of the loans was granted from the new bank as of April 4, 2008, KRW 770 million from the new bank, and KRW 380 million from the Plaintiff (hereinafter “instant loan obligations”).
G and D, as a security for each of the above loans, completed the registration of creation of a mortgage on the F apartment in order to the new bank with respect to the F apartment on the same day, the maximum debt amount of KRW 912 million, the registration of creation of a mortgage on the first priority priority of the debtor D, the maximum debt amount of KRW 456 million, the debtor's establishment of a mortgage on the second priority priority of the debtor D (hereinafter "mortgage of this case").
C. After the maturity of the instant loan obligation, the Plaintiff entered into an agreement with the debtor D on March 201, 201, including an extension of the lending period and an alteration of the interest rate, on three occasions on February 14, 2013 (hereinafter “Agreement on January 1, 201, 201”); and thereafter, on February 14, 201, the Plaintiff entered into an agreement with the debtor D on February 14, 201 in the order of time for each alteration agreement as of February 14, 2013.
B signed and sealed each agreement as joint and several sureties at the time of the 1 and 3 amendment agreement.
D From around September 2013, 2013, interest on the instant loan obligations was overdue, and as of December 22, 2013, the principal and interest on the instant loan obligations were KRW 389,803,835 in total.
(i) The principal amount of KRW 380 million is KRW 9,803,835.
E. On December 22, 2013, B entered into a sales contract for the instant apartment (hereinafter “instant sales contract”) with the Defendant, one of his own children, and completed the registration of ownership transfer (hereinafter “instant transfer registration”) to the Defendant on February 21, 2014, as stated in the purport of the claim.
[Ground of recognition] Facts without dispute, Gap 2 to 7 evidence, Eul 8 and 9 each number.