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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. Facts of recognition;
A. Nonparty C, along with Defendant B in a de facto marital relationship, operated Eargu in Jongno-gu Seoul Metropolitan Government Eargu, and the Plaintiff has left the said Eargu for about 13 years prior to the said Earguing period.
B. From March 6, 2012 to June 16, 2012, the Plaintiff had registered the establishment of a mortgage (hereinafter referred to as “mortgage”) with respect to the second floor of Jongno-gu Seoul Metropolitan Government F, G, and I Loans in H (hereinafter referred to as “J”). The establishment of a senior mortgage has already completed the establishment of a mortgage (540,00,000 won with the maximum debt amount: National Bank of Korea, Co., Ltd.), which is the sum of the mortgagee B and the maximum debt amount, KRW 70,000,000,000, at the request of the creditor’s National Bank, on June 14, 2012, the registration of the establishment of a mortgage commencement order was completed at K with the Seoul Central District Court on June 14, 2012, and thereafter on September 5, 2012.
C. The Plaintiff completed each registration of ownership transfer on March 15, 2012 with respect to each of the real estate listed in the separate sheet (hereinafter the instant real estate) with respect to Defendant B, as the Seoul Western District Court’s Yongsan District Court’s registration office, which was received on March 21, 2012, and based on the sale on March 15, 2012. The instant real estate prior to the completion of the registration of ownership transfer was registered each of the following dates: (a) the mortgagee, each of the National Bank Co., Ltd., and the maximum debt amount, 300,300,000.
After completing each of the above registrations of ownership transfer on March 29, 2012, Defendant B received a loan of KRW 400 million from the Defendant National Bank under its own name, and completed each of the registration of the establishment of a mortgage over KRW 480 million with the Defendant National Bank as a mortgagee, as the receipt of Article 9769 on March 29, 2012, Defendant B loaned KRW 255,000,000 from the said bank on September 25, 2012, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 306,00,000 with the amount of KRW 2991, Sept. 25, 2012 at the same registry office.
E. Defendant B is a company as to the instant real estate on March 29, 2012, as the above loans.