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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. On November 25, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) with the Orde Enterprise Co., Ltd. (hereinafter “Ode Enterprise”), with respect to the obligation owed by Orde Enterprise through a loan transaction with the Industrial Bank of Korea, the amount of security deposit of KRW 850,000,000, and KRW 225,000,000 on February 24, 2009, and KRW 425,000,000 on January 12, 2012, and the Orde Enterprise jointly and severally guaranteed the obligation owed by Orde Enterprise to the Plaintiff pursuant to each credit guarantee agreement of this case.
B. On June 26, 2012, the Plaintiff paid KRW 1,281,670,835 to the Industrial Bank of Korea totaling the amount of subrogated and legal procedure costs, etc. on July 19, 2012, when a credit guarantee accident occurred that occurred due to the suspension or closure of a place of business by an erroneous mining enterprise.
C. B, along with D on April 5, 2011, purchased the pertinent real estate of 891 square meters (hereinafter “instant real estate”) prior to Mayang-gu, Mayang-gu, Jeonyang-si, and completed the registration of ownership transfer for each of 1/2 shares under Article 23708 on April 6, 201 of the receipt of the Gyeyang-gu District Court Ansan-dong Branch of Suwon-gu, Suwon-si (hereinafter “instant real estate”).
B On August 20, 2012, between the Defendant and the Defendant, the sales contract was concluded with respect to one-half of one-half of one’s own shares of the 891 square meters (hereinafter “instant real estate”). D, a co-owner of the instant real estate, sold one-half of one-half shares to the Defendant on the same day. On October 12, 2012, the Defendant completed the registration of the transfer of ownership under the name of the Defendant under the receipt of the Suwon District Court Anyang Branch Branch of the Suwon District Court under Article 7574 of the same year.
E. The Plaintiff filed an application for payment order with the Suwon District Court as the Defendant, N, and B, N, and the Defendant jointly and severally, for KRW 1,284,048,621 and KRW 1,279,09,395, respectively, from July 19, 2012 to November 30, 2012; and from December 1, 2012 to December 1, 2012, the Plaintiff filed an application for payment order with the Suwon District Court as the Defendant.