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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Attached Table 1 between Defendant B and Defendant C, respectively.
Reasons
Basic Facts
The Plaintiff and Defendant B agreed to provide the Plaintiff with the instant loan (hereinafter “instant loan”) at 3% per annum on September 7, 2012, and on November 16, 2012, respectively, to Defendant B paid KRW 100,000,000 to D or E, and Defendant B paid KRW 250,000,000 for the Plaintiff’s loan and KRW 150,000,000 for its own loan, respectively, on September 7, 2012; and again, on November 16, 2012, Defendant B paid KRW 10,000,000 for the Plaintiff’s loan and KRW 50,000 for 150,000 for 150,000 for her loan.
The Dong Daejeon Agricultural Cooperative (hereinafter referred to as the “Dong Daejeon Agricultural Cooperative”) registered the establishment of a joint collateral (hereinafter referred to as the “instant collateral security”) with respect to each real estate listed in the separate sheet No. 265 on Jan. 2, 2006 (hereinafter referred to as the “instant real estate”) by the Daejeon District Court on Jan. 2, 2006, on the basis of the maximum debt amount of KRW 520,000,000, debtor F, and the same day contract was concluded, but on Sept. 22, 2008, the registration of the change of the right to collateral security (hereinafter referred to as the “instant provisional registration”). Defendant B provided the instant real estate owned by G as collateral for the instant loan claim. Accordingly, the Daejeon District Court issued the provisional registration of the right to claim ownership transfer on Sept. 7, 2012 (hereinafter referred to as the “instant provisional registration”).
On September 6, 2013, the Plaintiff received from Defendant B the loan amounting to KRW 300,000,000,000,000, with interest rate of KRW 300,000,000, and promissory notes in KRW 300,00,000, which are stipulated as interest rate of KRW 300,000. On September 11, 2013, a notary public was drafted with a promissory notes No. 760,00.
Defendant C, who is in a de facto marital relationship with Defendant B, completed the registration of ownership transfer on the instant real estate by reason of sale as of March 12, 2014, the Daejeon District Court No. 25258, which was received on March 12, 2014, as of the instant real estate, and Defendant B had completed the registration of ownership transfer on February 14, 2014.