beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The relation 1) The Plaintiff is a corporation D (hereinafter “D”).
A) Although the registration is entered as the representative director on the corporate register of the Plaintiff, the actual operator of D is E in relation to the Plaintiff, and the Plaintiff has a claim for a loan of KRW 150 million against D. Meanwhile, on October 6, 2010, G in relation to F and F, whose mother is the Defendant’s mother, invested KRW 170 million in H, a corporation with the representative director, and completed the registration of establishment of a mortgage over each real estate listed on the attached list owned by D (hereinafter “instant real estate”) as collateral for the said investment refund claim on the same day.
3) After investing KRW 100 million in the projects of J, Inc., Ltd., which was established by I as the proposal, on August 25, 201, F completed the registration of creation of a mortgage over the real estate in the instant case owned D as a security for the aforementioned investment deposit repayment claim and the proceeds claim against the money invested. B. As to the instant real estate, the Plaintiff and the Defendant’s first contract and the third party contract of this case were concluded 1), as to the instant real estate, the amount of KRW 100 million was established on April 23, 2010 for the purpose of securing the obligation to the Jeonbuk Bank, Inc., the Jeonbuk Bank, the maximum debt amount of KRW 182,00,00,000,000 was established, but the Jeonbuk Bank applied for the auction of the said real estate based on the right to collateral and applied for the auction of the instant real estate to the Gun District Court prior to May 10, 2012 (hereinafter “Voluntary auction procedure”).
2) Thereafter, a limited liability company specializing in securitization (hereinafter “small and medium-sized special purpose company”)
(iii) On February 1, 2013, E acquired the instant real estate at the auction procedure of this case.