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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 July 14, 2008, the Plaintiff jointly and severally guaranteed each obligation to trade bills against D E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), and entered into a security trust agreement with G Co., Ltd. (hereinafter “G”) on each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) with E as priority beneficiary and completed the registration of ownership transfer in G name on the same day.
B. On October 7, 2009, E requested on October 23, 2009, the Plaintiff to repay a loan under a bill discount agreement upon the expiration of the maturity of the closed gold business, but the maturity was extended by the end of March 2010, but the repayment was not made, but requested G to dispose of the instant real estate on April 21, 2010, and the FF also requested G to dispose of the instant real estate on September 7, 2010.
C. On December 10, 2010, G publicly announced the commencement of the public auction procedure (hereinafter “public auction procedure of this case”) with respect to each real estate of this case, including house equipment, fixtures and equipment (hereinafter “instant facilities and equipment”) indicated in the separate sheet No. 2, based on the appraised value of each real estate of this case calculated by requesting appraisal to H Co., Ltd. (hereinafter “H”).
The instant real estate, each of the instant real estate, the instant facilities, and the instant movable property were failed until the date of the eight-yearly public auction. On April 25, 2011, the Defendants awarded a successful bid to the Defendants on the date of the nine-yearly public auction, and the Defendants entered into a sales contract with G on April 28, 2011 with regard to each of the instant real estate as sales price of KRW 4,852,49,140 (hereinafter “instant sales contract”).
6. 16. Each one-half share of each real estate of this case shall be registered for the transfer of ownership, and at that time the real estate of this case and the facilities and movables of this case shall be registered.