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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. On July 10, 2015, the Plaintiff, the owner E, obtained the instant decision to commence compulsory sale of forest land as Suwon District Court Branching C with respect to the land of 12298 square meters in F forest land (hereinafter “instant land”) and 5451 square meters in G forest land (hereinafter “instant land 2”). On December 3, 2015, H Co., Ltd (hereinafter “H”) received the said decision to voluntarily commence sale of forest land as D with respect to the instant land Nos. 1 and 2 on December 3, 2015.
(hereinafter “instant auction procedure”). B.
H on October 4, 2006, the instant land No. 1 and I forest 67537 square meters (hereinafter “the instant land”) were cancelled on October 5, 2009 due to the termination of the registration of the establishment of a neighboring mortgage in E, the maximum debt amount of which is KRW 36,00,000,000, and the registration of the establishment of a neighboring mortgage in the instant land No. 3.
The contract establishing a contract concerning the first collateral security of this case is indicated as a comprehensive collateral, which covers “liability such as bill lending, deed lending, party loan, etc. to be borne by the debtor to the creditor at present and in the future” with respect to the scope of the secured obligation.
C. On October 1, 2009, H completed the registration of creation of a neighboring mortgage on the land of this case No. 2, 120,000,000 won with respect to the land of this case, and the debtor E.
(hereinafter “The second collateral security contract of this case.” As to the scope of the secured obligation of this case, the second collateral security contract of this case is written as “one-time collateral”, which is the content that the obligor imposes on the obligee all obligations that are currently and future due to transactions with a deed loan.
H loaned KRW 100,00 to E with general funds for business operation on October 4, 201, and applied for voluntary auction on the instant land Nos. 1 and 2 with a claim for delay damages with a rate of 15% per annum from November 25, 2015 to the date of full payment, as to the principal amount of KRW 100,870,773, and the balance of KRW 97,000 among these principal amounts.
(e).