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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A contract between C and the Defendant (1) Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) operated Sari in terms of D-101 (hereinafter “D underground 101”) and D-201 (hereinafter “D underground 101 and 201”) of 201 (hereinafter “instant commercial building”).
(2) On February 22, 2013, the Defendant entered into a hot spring service contract (hereinafter “instant service contract”) with the non-party company (agent E) and the non-party company with respect to the service of hot spring water, which is operated in the instant commercial building, with the term of contract from March 15, 2013 to March 14, 2015 (hereinafter “the instant service contract”). Around March 14, 2013, the Defendant paid KRW 250 million to the non-party company.
(3) Around September 15, 2013, in order to secure the security deposit, the non-party company created an additional collateral security (No. 1176 on March 15, 201) with a maximum debt amount of KRW 240,000,000 on March 25, 2011, which was respectively established on the commercial building of this case (Receipt No. 13558) to the Defendant on March 15, 2013, and additionally created an additional collateral security (No. 1176 on March 15, 2013) with a maximum debt amount of KRW 10,000,000 on the same day.
B. (1) On July 9, 2013, Nonparty Company entered into a contract with Nonparty F to sell KRW 3.477 billion for the instant commercial building. On September 4, 2013, 2013, Nonparty Company completed the registration of ownership transfer for the instant commercial building on the ground of the said sale.
(2) After that, the Plaintiff demanded the Defendant to cancel the Defendant’s above-mortgage so that F may obtain a loan from the KB Savings Bank to pay the purchase price of the instant commercial building. The Plaintiff created a collateral on the real estate indicated in the attached list (hereinafter “instant real estate”) and prepared a notarial deed as to this.