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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. Facts of recognition;
A. On September 22, 2004, the limited partnership C borrowed KRW 250 million from the Saemaul Bank of Korea on September 2, 2004, and on the same day, with respect to the land and its ground (hereinafter “the instant real estate”) of E and 8 parcels at the time of residents living in the non-party company as the security for the loan obligation, the joint partnership C borrowed KRW 250 million from the Defendant on September 10, 2004, and completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 325 million in the future of the New Saemaul Bank of Korea. On March 14, 2005, on the instant real estate as the above loan obligation, the mortgage was completed by the Defendant on September 10, 2004, with respect to the instant real estate as the security for the loan obligation.
B. After that, the Defendant was fully reimbursed KRW 200 million from D on April 8, 2005, KRW 100 million on April 28, 2006, KRW 30 million on December 5, 2006, KRW 200 million on January 3, 2007, but the registration of creation of a mortgage of this case was not cancelled at D’s request.
C. Meanwhile, on August 27, 2007, F purchased the instant real estate from the non-party company in its name at KRW 650 million from the non-party company, and purchased the instant real estate from the non-party company in the name of G, and takes over the secured debt of each of the above secured claims (the borrowed debt of KRW 250 million against the non-party company and KRW 200 million against the defendant) and deducted it from the purchase price. On the other hand, F agreed to pay the secured debt of the instant secured claim of this case (the borrowed debt to the defendant) within three months from the outstanding payment date ( October 5, 2007). On January 30, 2008, the registration of ownership transfer was completed in the name of G on January 7, 2008, with respect to the instant real estate borrowed KRW 250 million from the plaintiff on December 29, 2011 to the non-party company as security and made a loan of this case on July 27, 2005.