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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The plaintiff and the defendant are South Korea.
B. On January 9, 2017, the Plaintiff was donated to C with real estate listed in the separate sheet (hereinafter “instant real estate”). On January 16, 2017, the Plaintiff completed the registration of the transfer of ownership as the receipt of the Yongsan District Court’s Yongsan Branch’s receipt, No. 1151 regarding the instant real estate.
C. At the time when the Plaintiff completed the registration of transfer of ownership with respect to the instant real estate, the registration of creation of the instant real estate was completed as the Seoul Western District Court’s Yongsan District Court’s 18035, Jun. 24, 2016, with the maximum debt amount of KRW 300,000,000,000, and the debtor C and the joint-mortgage Co., Ltd. (hereinafter “instant joint-mortgage”). On March 16, 2018, the Plaintiff repaid the secured debt of KRW 251,043,414 to D with the said joint-mortgage.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole of the pleadings, not C, but defendant. The plaintiff acquired the right to indemnity against the defendant by subrogation of the secured debt of the instant right to collateral security.
Therefore, the defendant is liable to pay 251,043,414 won and delay damages on behalf of the plaintiff to the plaintiff.
Judgment
The plaintiff's assertion is without merit, since the evidence presented by the plaintiff alone is insufficient to recognize that the debtor of the right to collateral security of this case is the defendant, and there is no other evidence to acknowledge it.
[In full view of the purport of the Plaintiff’s evidence No. 1 and the entire argument, C borrowed KRW 250,000,000 from D as collateral for the instant collateral security on June 27, 2016, and then can be recognized as leasing KRW 250,00,00 to the Defendant]. Accordingly, the Plaintiff’s claim is dismissed as it is without merit. It is so decided as per Disposition.