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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around October 2005, the Defendant awarded a contract to the Plaintiff for the construction of the Defendant’s hot spring building, and the Plaintiff borrowed KRW 220,000,000 on several occasions from E, who is his husband, to implement the said construction from September 22, 2005 to October 14, 2005.
B. On October 18, 2005, the Plaintiff borrowed KRW 48,000,00 (hereinafter “instant loan”) from E, and received a certificate of borrowing from C, where the Defendant and C were the representative director of the Defendant, that “The Defendant and C jointly pay the instant loan by April 21, 2006.”
C. However, on January 9, 2008, D made a provisional attachment (hereinafter “the provisional attachment”) on the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “the instant land”) owned by the Defendant with the claim claim, and the building listed in paragraph (2) of the same table No. 2 (hereinafter “the instant building,” and the combination thereof, referred to as “each of the instant real property”), North Korea-gu, Posi-si (hereinafter “F”), and H land owned by C. D.
D was issued a payment order on June 27, 2008 (hereinafter “instant payment order”) by filing an application with the Defendant and C for a payment order concerning the instant loan with the Sung-gun District Court 2008 tea191, Seogu District Court 2008.
D With regard to the instant land on July 10, 2008 with the claim for the final and conclusive payment order as the claim claim, as to July 30, 2008, each of the Daegu District Court rendered a decision to commence compulsory auction on July 30, 2008, and the above application for compulsory auction was withdrawn on March 23, 2009.
E. Meanwhile, on March 23, 2009, the Defendant concluded a contract to establish the right to collateral security with D as the maximum debt amount of KRW 55,00,00,00 with respect to each of the instant real estate, D with the mortgagee of the right to collateral security, and the debtor, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with D as the Daegu District Court Branch No. 21625, Mar. 26, 2009.