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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1, Gap evidence 4, Gap evidence 6 to 8, Eul evidence 1 to 7 (including the serial numbers).
D and E-F’s money borrowed arrangement 1) Nonparty F is the land of this case owned by Nonparty 1447.3m2, Nam-gu, Incheon Metropolitan City (hereinafter “instant land”).
(2) The F agreed to borrow KRW 2.3 billion from D and E around June 2002, when the construction of a new building on the ground was completed, and there was a lack of funds for completing the provisional seizure registration, etc. established on the instant land, and the F agreed to borrow KRW 2.3 billion from D and E on June 20, 2002. On the premise that D and E borrow KRW 2.3 billion from Jun. 20, 2002, F made a cancellation of all restrictions on provisional seizure, etc. established on the instant land. D and E establish the first priority collective security right, superficies, and right to claim ownership transfer. The name of the owner of the building under construction on the instant land is changed to D and E, and if the owner fails to implement it, written a written agreement of borrowing money (Evidence 2-1, 2-1, 30% of the principal amount, and damages (hereinafter “the instant monetary agreement”).
3) Meanwhile, from June 16, 2001, D had been registered and operated from August 29, 2003, E had been registered and operated in accordance with Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users from August 29, 2003. (B) At the time of the creation, etc. of a right to collateral security on the instant land, the record of provisional disposition by creditor H was recorded on November 16, 1995, (2) on May 23, 1997, the record registration of the decision to voluntarily commence the auction requested by the Seoul Bank, Inc. (the maximum debt amount: KRW 1 billion), (3) on the record of provisional attachment by creditor I (the claimed amount KRW 23 million) on November 28, 1997, and (4) on June 5, 1998 (the creditor’s provisional attachment amount: KRW 509,407,500,000).
2 D. D.