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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 26, 2008, the Defendant completed the registration of creation of each collateral (hereinafter “the first collateral mortgage of this case”) with respect to each real estate listed in the attached Tables 1 and 2, which was owned by D on June 26, 2008, on the ground of the contract to establish a contract on June 26, 2008. The Defendant completed the secured claim of the first collateral mortgage of this case (hereinafter “the first collateral mortgage of this case”) with regard to each real estate listed in the attached Tables 1 and 2, which was owned by D.
B. On September 27, 2005, the Defendant completed the registration of ownership transfer as to the establishment of each of the real estate listed in Articles 3 and 4 of the [Attachment List Nos. 3 and 4 (hereinafter “instant real estate”) on September 27, 2005, with the maximum debt amount of 448,00,000,000 won, the debtor E and the mortgagee as the defendant as the defendant (hereinafter “instant second collateral mortgage”) on September 23, 2005, and the secured debt of the instant second collateral mortgage No. 2 was completed on April 22, 2008, with the maximum debt amount of 560,000,000 won as to the instant second collateral mortgage, and the registration of ownership transfer was completed on May 23, 2008 on May 23, 2008.
C. On July 10, 2008, F completed the registration of creation of a mortgage for each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on July 9, 2008 (hereinafter “instant real estates”) with respect to the establishment of a mortgage for the maximum debt amount of KRW 150,00,000,000, the debtor D and the mortgagee F, on the ground of a contract signed on July 9, 2008. The third collateral mortgage of this case was transferred to G on August 7, 2009, and to H on April 26, 2010 due to the transfer of each finalized claim.
On August 25, 2014, the Plaintiff received from the Seoul Eastern District Court a collection order of KRW 485,900,000 for the claim against H’s claim secured by the instant third collateral security, with respect to the claim against H’s claim secured by the instant third collateral security, and on that ground, on September 15, 2014.