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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. In around 2003, the Plaintiff’s husband C and the Defendant decided to attract investors by coloring investors in order to undertake the Jongno-gu Seoul Metropolitan Dental Redevelopment Project (hereinafter “instant redevelopment project”).
B. On November 7, 2003, E decided to invest KRW 300 million upon soliciting investment in the above project from C. Accordingly, on the loan agreement with the effect that “The debtor in relation to the redevelopment project of this case shall borrow KRW 300 million from the creditor, and the loan principal shall be repaid six months after the loan date (it may be somewhat changed according to the project approval) and shall be additionally paid KRW 300 million after six months after the loan date (hereinafter “the loan agreement of this case”). E signed and sealed the creditor column of the above agreement, and C and the defendant signed and sealed the debtor column, and on the same day, C received three cashier’s checks of KRW 100 million from E and delivered them to the defendant.
C. However, E took a measure to suspend the payment of the above cashier's checks and demanded C to guarantee the obligation to borrow the instant loan. On November 10, 2003, C issued to E a promissory note with the face value of KRW 300 million and issued to E, and on October 10, 2003, C completed the registration of the establishment of a mortgage (hereinafter "registration of the establishment of a mortgage of this case") with respect to F apartment 102 Dong 1106, Seongdong-gu Seoul, Seoul (hereinafter "the instant apartment") with the Seoul Eastern District Court No. 78221, Oct. 13, 2003, the maximum debt amount of KRW 30 million was KRW 78221, the debtor, the Plaintiff.
On October 31, 2005, upon the other mortgagee's voluntary auction application, the Seoul Eastern District Court G rendered a decision to voluntarily commence the auction of the apartment of the instant case, and accordingly the registration of ownership transfer was completed on May 25, 2006 due to the sale by voluntary auction. E received KRW 147,797,079 from the position of mortgagee in the auction procedure.
E. Meanwhile, E is the defendant.