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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. On February 26, 2007, the Plaintiff purchased shares of 2591/6479 shares, Defendant, E and B purchased shares of 1296/6479 shares on each of the following day with respect to the ownership of the instant land, and the registration of ownership transfer was completed on each of the following day.
B. (1) At the time of the registration of the transfer of ownership, the registration of the establishment of a neighboring mortgage in the instant land was completed with the debtor G and the maximum debt amount of KRW 980 million. However, on April 6, 2007, the registration of the establishment of a neighboring land was cancelled on April 6, 2007. (2) On April 2, 2007, the Plaintiff offered shares of 2591/6479 out of the instant land as collateral in order to secure the loan obligation. Defendant E and B also provided shares of 1296/6479 out of the instant land as collateral for the Plaintiff’s loan obligation.
Accordingly, on April 3, 2007 regarding the entire land of this case, the registration of creation of a neighboring mortgage was completed on April 3, 2007 with the total amount of KRW 320 million for the debtor, the plaintiff, the mortgagee of the right to collateral security, and the maximum debt amount.
3) In order to secure B’s obligation to H on January 21, 2008, the Plaintiff completed the registration of the establishment of a collateral on one’s own 2591/6479 shares out of the instant land, which was KRW B, the debtor B, the mortgagee H, the maximum debt amount of KRW 70,000,000. On the other hand, the said collateral security was transferred on December 11, 2012 in the name of a set deposit loan, and on the same day, the registration of the establishment of a collateral security right under the name of K with the claim amount of KRW 70,000,000 was completed on February 20, 209, with regard to the share of one’s own 1296/6479 out of the instant land as to the debtor B, the mortgagee I, the maximum debt amount of KRW 80,000,000 among the instant land, and on the other hand, the creditor’s share of the instant land No. 29697, Feb. 19, 20097, 2096.