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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Caturf Co., Ltd. (hereinafter “Caturf Co., Ltd”) created a first priority collective security (hereinafter “first priority collective security”) with respect to 130 households of the Caturf Co., Ltd. (hereinafter “the apartment of this case”) with the Jeonju District Court Decision No. 17574, Jun. 8, 2007, which was received on June 8, 2007, set up a second priority collective security (hereinafter “second priority collective security”) with respect to E, with the Jeonju District Court Decision No. 23574, Jun. 8, 2007, which was received on June 8, 2007, the Jeonju District Court Decision No. 17575, Feb. 1, 2007.
B. D and E agreed to jointly carry out the instant apartment project and agreed on October 29, 2008 as follows.
(Attached Documents No. 1) D and E enter into an agreement with respect to the claim of the first collateral collateral collateral security right of this case established on the apartment of this case as follows.
1. We affirm that the instant apartment contains KRW 900,000,000,000,000,000 for E’s claim, out of the maximum debt amount set D.
2.D and E shall cooperate jointly to recover the above collateral security claims, and when it is inevitable to proceed with the voluntary auction procedure due to the lack of the business normalization of the above real estate, D and E shall be dealt with under a joint agreement.
4.E is to resolve the responsibility of E in consultation with I to ensure that there is no problem of responsibility of E due to the amount including F, G and H claims in relation to KRW 900 million.
6. D and E shall be deemed to mean the claim of the second collateral security (the maximum debt amount No. 17675, Jun. 8, 2007, No. 17675, the maximum debt amount No. 900,000,000,000 won). However, D and E shall also be apportioned in the amount ratio, which is somewhat different from the written agreement.
7. D and E shall be apportioned at an amount ratio, if the apartment of this case was sold at auction and the collection of the amount of the right to collateral security is less than that of the others
C. E and the Defendant agreed on November 3, 2008 as follows, and the J shall do so.