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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 23, 2012, C entered into a mortgage agreement with one Capital Co., Ltd. (hereinafter “I Capital”) with respect to the secured obligation (hereinafter “the instant real estate”) as “her creditor (the head office and branch) and in the future, all of the obligations owed by the debtor due to any of the following transactions,” with respect to the secured obligation as “the secured obligation” (However, C did not describe the part regarding whether the obligation owed due to any of the transactions corresponding to the pertinent part of the said mortgage agreement is the secured obligation), and entered into a mortgage agreement with the Daejeon District Court No. 116383, Nov. 23, 2012, the establishment of the mortgage agreement was completed as of November 23, 2012 by one Capital.
(B) The right to collateral security following the registration of the establishment of a neighboring mortgage (hereinafter “the right to collateral security”).
C With respect to the instant real estate on June 20, 2013, between one Capital and one Capital, the collateral security agreement was concluded between the parties to the instant real estate as the “credit loan transaction” with respect to all obligations currently and future, and the maximum debt amount was KRW 430,300,000,000,000. On June 20, 2013, the establishment registration of the neighboring mortgage was completed as the Daejeon District Court No. 59548, Jun. 20, 2013.
(C) The right to collateral security upon the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage 2”).
C concluded a mortgage agreement with E on March 3, 2015, which provides a maximum debt amount of KRW 100 million with respect to the instant real estate. On April 3, 2015, the Daejeon District Court completed the registration of creation of a mortgage under the Act No. 400766, Apr. 3, 2015. The Plaintiff subrogated the secured debt of the said mortgage on December 18, 2015, and completed the registration of establishment of a mortgage under the Act No. 5462, Jan. 20, 2016.
One Capital shall be between the defendant on June 16, 2017.