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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
(1) The Plaintiff’s credit acquisition process 1) B, on the land of Daejeon-gu Daejeon-gu, Daejeon-gu, under his own possession, newly constructed the first and fourth floor above the ground, and completed the registration of preservation of ownership on the above building on August 28, 1996 (hereinafter referred to as “D land”). The above land is “D building,” and the above building is “D building,” and when collectively referred to as “D land and building.”
2) On March 29, 199, B made a loan of KRW 450,00,000 from the Chungcheong Mutual Savings and Finance Company (hereinafter referred to as the “Mutual Savings and Finance Company”) as of March 29, 2001, and completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 675,00,000 for D land and buildings on the same day.
3) B lost a benefit due to failure to repay the above principal and interest of loan, and upon the application of the mutual savings and finance company in Chungcheong day, the voluntary decision to commence the auction of real estate was made on October 13, 1999, and the auction procedure was conducted. At the above auction procedure, the mutual savings and finance company in Chungcheong day was declared bankrupt on December 14, 2001, and the bankruptcy trustee in the mutual savings and finance company in Chungcheong day applied for the payment order against B to Daejeon District Court in order to pay the unpaid principal and interest of loan (204Da23568), and on October 14, 2004, the above court decided on October 14, 2004 that "B had paid the money from 13,662,508 won to the mutual savings and finance company in Chungcheong day and 5,507 won to 15,500 won to 250% of the above annual decision to pay the money from 50% until 25,507 won."
5. On March 31, 2006, the Korea Deposit Insurance Corporation of the bankrupt Korea Mutual Savings and Finance Company of Chungcheong Day transferred the above principal and interest of loan to the Plaintiff, and notified B of the transfer of loan around April 18, 2006.
The defendant.