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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) deposited the amount of KRW 100 million on December 26, 2014, KRW 300 million on and December 29, 2014, and KRW 300 million on and around December 29, 2014, and requested D to repay the loan amount of KRW 300 million on or around December 2017, but D failed to repay the loan amount. (2) The Plaintiff filed a lawsuit against D for the claim for the return of loan ( Daegu District Court 2018Gahap279), and on October 4, 2018, “D shall pay the Plaintiff KRW 30 million and its amount at the rate of KRW 24% per annum from December 1, 2017 to the date of full payment,” and the appellate court appealed the appeal, but it was dismissed by the lower court (Seoul High Court 2018Na27516, May 27, 2016).
B. On June 15, 2015, D and B concluded a mortgage agreement on each real estate listed in the separate list owned by D (hereinafter “instant land and building”) with Defendant B (hereinafter “instant mortgage agreement”) and completed the registration of establishment of a mortgage on December 22, 2017 with regard to the instant land and building as the mortgagee B and the maximum debt amount of KRW 180,000,000 with regard to the instant land and building.
C. On September 30, 2017, the contract to establish a right to lease on a deposit basis and the registration of the establishment of a right to lease on a deposit basis between D and Defendant C (hereinafter “Defendant Company”) entered into a lease on a deposit basis (hereinafter “the contract to lease on a deposit basis”) on two real estate listed in the attached list owned by D (hereinafter “instant building”) with the Defendant Company, and completed the registration of the establishment of a right to lease on a deposit basis as of January 8, 2018 with regard to the instant building from September 30, 2017 to September 29, 2019.
At the time of entering into a contract to establish a mortgage and a right to lease on a deposit basis, the establishment of a senior mortgage on the land and building of this case is registered as follows.