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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant received endorsement from the Plaintiff and the Plaintiff’s ASEAN and D Co., Ltd. (hereinafter “D”) on September 30, 2009, which was issued on April 20, 2009 on September 30, 2009; promissory notes with a face value of KRW 200 million; the date of May 20, 2009, issued on October 31, 2009; and the date of payment of KRW 140 million at face value; but each of the said promissory notes was refused to be paid on September 30, 2009.
B. Seoul Gangnam-gu E. 156.2 square meters and the 156.2 square meters and the 156.2 square meters above the ground, and the 2nd apartment house for multi-household (hereinafter “each of the instant real property”) owned by the Plaintiff. As to each of the instant real property, the Plaintiff completed on May 27, 2009 the provisional registration for transfer of ownership claim (hereinafter “the provisional registration of this case”) on the ground of the obligor C, the maximum debt amount 100 million won, the registration for the establishment of the 200 million maximum debt amount on June 17, 2009, the registration for the establishment of the 380 million maximum debt amount, and the registration for the establishment of the 380 million maximum debt amount on September 7, 2009, and the promise for sale on the same day (hereinafter “sale reservation”).
C. After the execution of multiple provisional seizures on each of the instant real estate and the commencement of voluntary auction procedures, the Defendant completed the registration of ownership transfer on December 22, 2009 based on the provisional registration of this case on November 20, 209 (hereinafter “instant sales contract”).
(2) According to the instant sales contract, the Defendant succeeded to the collateral security obligation of the KC Co., Ltd. (hereinafter “KC”) and agreed to deduct KRW 150 million from the purchase price. On December 22, 2009, the Plaintiff received KRW 910 million from the Defendant on December 22, 2009.