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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 February 24, 2003, the Plaintiff lent 150 million won (hereinafter “the instant loan”) to the Defendant at the interest rate of 2% per month, and on February 24, 2004, the due date for repayment was determined and lent to the Defendant. The Defendant prepared and issued the loan certificate (Evidence A 1; hereinafter “the instant loan certificate”) to the Plaintiff.
On February 26, 2003, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter referred to as the “G-mortgage”) against the Plaintiff, the maximum debt amount, KRW 195 million against the Plaintiff, the mortgagee, and the debtor on the land and its ground (hereinafter referred to as the “G-mortgage”) in Nam-gu, Incheon, Nam-gu, Seoul, which was registered under the name of the Defendant’s birth, as the Defendant’s birth, in order to secure the instant loan claims.
B. G-mortgage was cancelled on November 2, 2004, and on the same day, the mortgagee completed the registration of creation of a mortgage (hereinafter “J-mortgage”) with the Plaintiff, the maximum debt amount of KRW 300 million, and the debtor, on the land and its ground (hereinafter “J”) in Seo-gu Incheon, Seo-gu, Incheon, which was registered under H’s name on the same day.
C. On September 1, 2004, the Defendant entered into a lease agreement with H to lease the deposit of KRW 200 million (the monthly rent agreement exists, but its amount is unclear) from H, and conducted accommodation business from around December 2004 to H, with the amount of KRW 30 million on September 15, 2004, KRW 10 million on September 21, 2004 and October 13, 2004, KRW 25,000,000 on October 25, 2004, and KRW 130,000,000 on November 23, 2004.
During that period, L, which is the husband of the defendant, entered into a sales contract with H on January 3, 2005, to purchase J in KRW 2.5 billion, and on January 19, 2005, the ownership transfer registration was completed in L in relation to J.
Meanwhile, on April 20, 2004, the Defendant, on behalf of C, exchanged 12,283 square meters and 208 square meters of O forest in the lusium owned by G, M, and N on behalf of M, M, and P forest (hereinafter “instant forest”) on behalf of C, but additionally is to receive KRW 300 million.