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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 May 12, 2004, C completed the registration of ownership transfer under its own name with respect to the land of 6,083 square meters and 1,041 square meters prior to the subdivision of Pyeongtaek-si and E prior to the subdivision (hereinafter “instant land before the subdivision”).
B. The instant land prior to the instant partition was finally divided into 3,281 square meters and 20 square meters prior to the said F, and the said land was finally divided into 3,281 square meters and 30 square meters prior to G. Of which, on August 26, 2010, the ownership transfer registration was made on the ground of expropriation in the front of Pyeongtaek-si.
C. On June 20, 2007, the Plaintiff lent KRW 500 million to C with the interest rate of KRW 2% per month, and due date on November 20, 2007. On the same day, C had completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land prior to the division of this case as collateral, with the maximum debt amount of KRW 650 million, and the right to collateral security (hereinafter “instant right”).
On August 31, 2007, the following mediation was established on April 17, 2008 (hereinafter “instant mediation”) in the lawsuit of seeking a divorce, etc. filed by the Defendant against C on August 31, 2007.
1. The defendant and C shall be divorced.
(1) Paragraph (1). 2. C shall implement the procedure for the transfer registration of ownership on the land before the instant partition to the Defendant based on the division of the fixed date property of this case.
(2) Paragraph (2). 5. The defendant shall pay the defendant with the responsibility for the non-performance of the right to collateral security (principal 300 million won of the debt) registered on the land prior to the division of this case, which was made at No. 23750 on May 12, 2004 on the land prior to the division of this case, the secured obligation of the right to collateral security (principal 300 million won of the debt), the secured obligation of the right to collateral security, and the interest obligation in arrears that C did not pay to Pyeongtaek Mutual Savings Bank as of the date
(5) Paragraph (5). 6. The defendant decided to transfer the shares owned by C in relation to the above land if C cannot repay the principal amount of KRW 500 million to the plaintiff with respect to the secured obligation of the right to collateral security of this case.