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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. Defendant A’s offering of collateral to the Plaintiff 1) Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”).
Seoul Comprehensive Arts Co., Ltd. (hereinafter “Seoul Comprehensive Arts”) on August 4, 2010
(2) The loan of KRW 3.6 billion was entered into with the Seoul Comprehensive Arts with a loan of KRW 3.6 billion (hereinafter “instant loan”).
2) Defendant A provided a comprehensive collateral guarantee for the instant loan obligations to the extent of KRW 4.68 billion.
In addition, in order to secure the debt of the instant loan, the Solomon Savings Bank was set up with respect to the land, other than 141mm2 and 19m2 (hereinafter “the instant secured real estate”) in Yangju-si E-ri (hereinafter “Ei”), and with respect to the land, other than 582m2 and 9m2, prior to H, G set up a collateral security right with respect to the debtor, Seoul Comprehensive Arts and the maximum debt amount of KRW 3120,000,000,000.
B. On April 30, 2013, the Solomon Savings Bank was declared bankrupt by this court, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
C. On March 4, 2014, the Plaintiff’s termination and disposition 1 of the right to collateral security against part of the instant mortgaged real estate was in arrears with the loan from around March 4, 2014. On or around November 20, 2014, the Plaintiff notified Defendant A that it would have been expected to sell the instant mortgaged real estate at a voluntary auction. On December 2, 2014, Defendant A would sell I forest land 2,159 square meters and two parcels out of the instant mortgaged real estate and repay the debt to the Plaintiff by December 30, 2014. The Defendant B requested that the voluntary auction be postponed by December 30, 2014. (2) Defendant B sold I forest land 2,159 square meters and 159 square meters, K1,159 square meters, 13,43 square meters and 37 square meters, 364 square meters and 37 square meters, road J. 2, 2014.