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1. The certificate of borrowings drawn up on June 5, 2008 by the Plaintiff (Counterclaim Defendant) with D as the obligor and with D as the obligee as the obligee.
Reasons
1. Basic facts
A. Nonparty D (hereinafter “the deceased”) served as the representative director of E (hereinafter “E”) and died on June 2, 2014. Defendant B was the deceased’s wife, Defendant C was the Dong of Defendant B, and Nonparty F was a person who was in office as the head of the agricultural cooperative, and Plaintiff, Deceased, and F (hereinafter “Plaintiff, etc.”) was known to each other in the same area and decided to jointly engage in real estate investment business from May 2008.
B. On May 16, 2008, the Plaintiff, etc. purchased each of the KRW 260,000,000 in the G G-gu Seoul Special Metropolitan City on May 16, 2008 and completed the registration of the transfer of ownership under the Plaintiff’s name on May 30, 2008, the Plaintiff, etc. purchased each of KRW 235,000,000 in the H-based 221.4 square meters (hereinafter “H land”).
C. On June 5, 2008, the Plaintiff et al. completed the registration of creation of a mortgage over each of the following amounts: (a) the debtor, the deceased, the maximum debt amount of KRW 300,00,000, and the debtor, the mortgagee, the mortgagee, and the maximum debt amount of KRW 300,000,000, using the instant G land and the instant H land as joint collateral.
Plaintiff
Then, each registration of ownership preservation was completed on February 23, 2010 under the name of the Plaintiff, and each of the above buildings was conducted with real estate leasing business.
E. Meanwhile, each of the buildings indicated in the instant G land, the instant H land, and the attached list on its ground had been registered as joint collateral by the debtor, the mortgagee, the mortgagee-mortgage-based agricultural cooperative, the maximum debt amount of KRW 520,00,000, respectively. However, due to the application for voluntary auction by the above cooking Agricultural Cooperative, each of the said real estate was sold, and the deceased and F received dividends of KRW 87,886,191, respectively, as the right to collateral security of the instant G land and the instant H land. The Plaintiff, as the debtor and the owner of the said land, was also the debtor, and KRW 125,560,704.