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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
Reasons
1. Basic facts
A. On September 20, 2012, the Plaintiff lent KRW 200 million to D Co., Ltd. (hereinafter “D”), and E, the representative director of D, guaranteed D’s debt to D.
B. Meanwhile, as between F and F on July 20, 2012, E entered into a mortgage agreement with regard to real estate listed in the separate sheet (hereinafter “instant real estate”) owned by F as at the time, with the debtor F, the mortgagee E, the maximum debt amount of which is KRW 300,000,000, and completed the registration of creation of a mortgage near the same day.
C. On June 20, 2013, F entered into a sales contract with C for the instant real estate, and accordingly, F completed the registration of ownership transfer in C for the instant real estate on the same day.
E, on November 6, 2013, between the Plaintiff and the Plaintiff, concluded a contract on the transfer of the right to collateral security and the right to collateral security with the effect that the Plaintiff will transfer the instant real estate to the Plaintiff. On November 7, 2013, the Plaintiff, “E would, if the Plaintiff did not pay KRW 200 million to the Plaintiff by January 6, 2014, endeavor to transfer the right to collateral security by using the documents on the transfer of the right to collateral security (hereinafter “instant performance guarantee”) that had already been prepared, signed a performance guarantee with respect to the instant performance guarantee as the owner of the instant real estate.
E. E was unable to repay KRW 200 million to the Plaintiff by January 6, 2014, the Plaintiff was issued an assignment order for the claim KRW 172,918,467, among the instant collateral security claims, to the obligor E and the third obligor F (hereinafter “instant claim attachment and assignment order”). Based on the assignment order for the instant claim attachment and assignment order, the registration for the attachment of the instant collateral security rights was completed on June 26, 2014, and the supplementary registration for the partial transfer of the instant collateral security rights was completed on January 13, 2015.
(f) C is between the Defendant and February 9, 2015.