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1. The plaintiff (Appointed)'s primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On February 17, 2001, G completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and on October 11, 2007, G created the right to collateral security (hereinafter “instant one collateral security”) with respect to the instant real estate in the name of the Defendant M&C Co., Ltd. (hereinafter “Defendant M&C”) with respect to the maximum debt amount of KRW 1.4 million, the debtor G, and the Defendant M&C with respect to the instant real estate (hereinafter “instant one collateral security”).
B. After that, on November 16, 2007, G set up in the future the maximum debt amount of the instant real estate E, which is KRW 300 million, the debtor G, and the mortgagee E (hereinafter “instant 2-mortgage”). On the other hand, on August 6, 2008, Defendant B created an additional registration before the instant 2-mortgage (hereinafter “the instant 2-mortgage”) on the ground of transfer on August 6, 2008.
C. In addition, on August 7, 2008, G created the right to collateral security (hereinafter “instant third-party collateral security”) with respect to the instant real property, E in the future, the maximum debt amount of KRW 150 million, the debtor G, and the mortgagee E. On the other hand, on August 27, 2009, the Defendant Republic of Korea attached the Defendant’s right to collateral security (hereinafter “instant attachment”) against E with respect to the designated party E to preserve the national tax delinquent by the designated party E., and on September 2, 2009, the said right to collateral security (hereinafter “instant attachment”) was additionally registered under the instant third-party collateral security (hereinafter “instant attachment”).
Meanwhile, on the other hand, on April 30, 2012, the Plaintiff (Appointed Party) A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) filed an application for a payment order seeking payment of KRW 300 million, including the amount of promissory notes, with the Seoul Central District Court 2012 tea28658, and the payment order was issued on May 9, 2012. The said order was issued on May 11, 2012.