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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. A. Around June 2005, the Plaintiff entered into a joint project agreement with C and Pyeongtaek-gun D to jointly promote the business of selling the forest land in the site of electric source or the pentash site, and C and C were established for the purpose of carrying out the said business, and the Plaintiff lent KRW 50 million to E with the business fund.
B. On June 20, 2009, the Plaintiff agreed to establish a collateral security (hereinafter “instant agreement”) on the real estate owned by the Defendant in order to secure the said loan obligation (hereinafter “the instant loan obligation”) and entered into an agreement containing the following (hereinafter “instant agreement”) with the Defendant, E, C, and E, and C on June 20, 209, to determine the principal and interest of the obligation to be repaid to the Plaintiff as KRW 250 million. In order to secure the said loan obligation, the Plaintiff agreed to establish a collateral security (hereinafter “instant loan obligation”).
2. E/C fix the total amount to be paid to the Plaintiff as KRW 250 million.
3. At the same time with the instant agreement, E, C, and the Defendant shall make a registration of the establishment of a collateral security for the Plaintiff at the same time with respect to F, G, H, I, J, and K of Gyeonggi-gu with respect to the Plaintiff, the mortgagee of the right to collateral security, the maximum debt amount of which is KRW 370,000,000,000.
5. The Plaintiff returned to E and C all the obligations issued and delivered by E and C (for example, card of payment, certificate of payment, note, and other), and waives all the remaining obligations, in addition to the amount described in paragraph 2 above.
(other than agreed amounts of debt, all amounts of debt shall be deemed to be terminated).
According to the agreement of the instant case, the Defendant: (a) prepared a written contract to establish a mortgage stating the debtor and the person who created the right to collateral security as the Defendant; and (b) registered the establishment of a mortgage covering KRW 50 million with respect to the land of Gyeonggi-gu L (hereinafter “instant land 1”; and (c) Pyeong-gun K, Gyeonggi-gu District Court No. 16861, Jun. 24, 2009, which was received on June 24, 2009.