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1. The plaintiff's lawsuit against defendant Korean Capital Corporation shall be dismissed.
2. The plaintiff's Sung Dong-dong Sea.
Reasons
1. Facts of recognition;
A. The status of the parties is a juristic person established for the purpose of the steel plate processing business, etc., and the trade name was changed on January 3, 201 to that of the same steel company. Defendant Sungdong Shipbuilding Marine Co., Ltd. (hereinafter “Defendant Sungdong Marine”) is a juristic person established for the purpose of building, repairing, remodeling, etc. of a ship, and Defendant Korea Capital Co., Ltd. (hereinafter “Defendant Korea Capital”) is a juristic person with the purpose of credit loans and secured loan business.
B. On December 29, 2005, the Plaintiff and the Defendant Sungdong Shipbuilding Sea, etc. (1) The Plaintiff and the Defendant Sungdong Shipbuilding Sea are 26,446.3 square meters of a mining area drawing 1605 square meters of a mining area drawing from Daewoo Construction Co., Ltd. on December 29, 2005 (hereinafter “instant land”).
(2) On May 18, 2007, the Plaintiff purchased shares and completed the registration of co-ownership on May 18, 2007. On June 4, 2007, the Plaintiff completed the registration of ownership transfer under one’s own name on the ground of co-owned property partition. (2) On August 8, 2007, the Plaintiff completed the registration of creation of a right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant land under the name of Korea Bank (hereinafter “Korea Bank”).
3) Around December 2009, Defendant Sungdong Shipbuilding decided to purchase the instant land from the Plaintiff in KRW 9,652,89,500, and concluded a sales contract with the following terms (hereinafter “instant sales contract”).
(2) At the time, Defendant Sung-dong vessel agreed to succeed to part of the instant collateral security debt (principal amount of corporate facility loan 3,600,500,500,000 won) against our bank. The Plaintiff agreed to reduce the secured debt of the instant collateral security to KRW 3,600,500,000 and to reduce the maximum debt amount to that level. Article 1 (Sale Price and its payment method are as follows.