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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The following facts do not conflict between the parties, or can be acknowledged when the whole purport of the pleadings is added to the statements in Gap evidence 1, evidence 1, evidence 2-1, evidence 3-2, evidence 4-1, evidence 4-1 through 6, evidence 12-1, evidence 2, evidence 2-2, evidence 2-1, evidence 2-2, evidence 3-1, evidence 3-2, and evidence 3-2.
Defendant B loaned KRW 300,00,000 to E on October 5, 201 and December 5, 2011. Defendant C appears to have leased KRW 300,000 to E on October 5, 201 and on December 5, 2011, Defendant C appears to have been written in writing as of September 5, 201 as of December 5, 201.
Ro Decision 400,000,000 were lent.
After all, E issued a promissory note of KRW 450,000,000 in face value to Defendant B in order to secure each of the above loans against the Defendants, and issued a promissory note of KRW 600,000 in face value to Defendant C.
In order to secure each of the above loan obligations against the Defendants, the Defendants, as owners of F Forest land 8,831 square meters (hereinafter “instant land”) in Asan-si, Asan-si. In order to secure the aforementioned loan obligations against the Defendants, the Defendants: (a) on October 5, 201, the Plaintiff created, respectively, the right to collateral security against the instant land, 450,000,000 won with respect to the maximum debt amount; (b) the obligor E, Defendant B, and the maximum debt amount; and (c) the right to collateral security against the obligor, E, and Defendant C with respect to the instant land.
In addition, in order to secure additional loan claims on October 7, 201, the Defendants, as joint collateral of each of the above right to collateral security, set up the right to collateral security with respect to the H-ground buildings owned by G (hereinafter “instant building”) at KRW 450,00,000, the maximum debt amount, E, and Defendant B, and the maximum debt amount, KRW 600,000,000, E, and E, and the debtor and the mortgagee C, respectively.
At the auction procedure regarding the instant building, I, the mortgagee of the instant building, is the Cheongju District Court, Cheongju District Court, Cheongcheon Branch, J on April 22, 2013.