Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The establishment registration and additional registration 1) E of the Defendants’ establishment registration of neighboring land in Yangju-si is the G 196m2, H 581m2, and I large 581m2 (hereinafter “each of the instant land”).
A) purchased from J on August 12, 2015, and completed the registration of ownership transfer on October 8, 2015. E is a defendant B cooperative (hereinafter “Defendant B cooperative”) on the same day.
In order to secure the loan obligation, a joint collateral creation contract with the maximum debt amount of KRW 1,105,00,000 for each of the instant lands was concluded, and the establishment registration was completed at the end of December, 2016, each of the instant real estates listed in the separate sheet (hereinafter “each of the instant buildings”) on each of the instant lands (hereinafter “each of the instant buildings”). The construction of each of the instant real estates listed in the separate sheet was completed at the end of December 24, 2017, upon an application for subrogation for the establishment of additional collateral by the Defendant Association, the registration of preservation of ownership for each of the instant buildings and the registration of the site ownership for each of the instant lands was completed under the name of E on January 24, 2017.
E, on the same day, entered into a contract for the creation of additional mortgage on each of the buildings of this case with Defendant B, and completed the registration of creation of mortgage of KRW 1,105,00,000 around the maximum debt amount.
3) K Co., Ltd. ( thereafter, to Defendant C, Defendant C, and hereinafter “Defendant C”).
On March 30, 2017, Defendant D Union (hereinafter “Defendant D Union”) completed the additional registration of the transfer of the right to collateral security on the ground of a final claim assignment in full with respect to the said additional collateral security, and Defendant D Union (hereinafter “Defendant D Union”).
(B) On the same day, the Plaintiff completed the additional registration of the establishment of the right to collateral security on the same day. (B) On June 10, 2016, the Plaintiff completed the provisional registration of the right to claim transfer of ownership on each of the instant land based on the trade reservation.
2. On February 6, 2017, the Plaintiff made a claim amounting to KRW 1,400,000,000 as the District Court Decision 2017Kadan5017 on each of the instant buildings.