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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the owner of each real estate listed in [Attachment 1] to 13, and Defendant C is the owner of each real estate listed in [Attachment 1] to 14.
B. On May 29, 2012, Defendant B reported the business entity’s trade name “E Park” (hereinafter “the instant pent”) and operated the penty project, Defendant B received a total of KRW 240 million from the Plaintiff through Defendant B and C’s deposit account from March 7, 2013 to July 16, 2013, and among which, on May 7, 2013, Defendant B received a total of KRW 240 million from the Plaintiff, and subsequently completed the registration of the establishment of each establishment of the mortgage (a maximum debt amount of KRW 29742,00,000,000 from March 7, 2013 to July 16, 2013, Defendant B received a total of KRW 200,000 from the Plaintiff through the Defendant B and C deposit account.
(C) The registration of the establishment of a mortgage in the nearest area of the instant case (hereinafter referred to as the “registration of the establishment”).
In addition, on August 21, 2013, Defendant B completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on August 19, 2013 with respect to 1/3 of each of the real estate listed in the separate sheet No. 2 attached to the Plaintiff’s ownership on August 21, 2013, and thereafter, Defendant B received KRW 20 million from the Plaintiff on September 24, 2013 and KRW 10 million on October 14, 2013, respectively.
As above, Defendant B and C had completed the registration of creation of the instant neighboring mortgage to secure it by borrowing KRW 240 million from the Plaintiff, and thereafter, the Plaintiff, Defendant B and C entered into a payment and satisfaction agreement to transfer 1/3 of the real estate listed in the separate sheet No. 2 to the Plaintiff in lieu of repayment of the said loan loan debt, and completed the registration of creation of the instant ownership and additionally received KRW 30 million from the Plaintiff. Thus, Defendant B and C’s loan debt to the Plaintiff was asserted to have been extinguished due to payment and reimbursement and filed a lawsuit against the Plaintiff for the cancellation of the registration of creation of the instant neighboring mortgage under the Jeonju District Court 2013Gahap8082, Jul. 16, 2014.