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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
I. Progress of the case
1. As to six stores, including the Dtel 102, 103, 104, 106, 107, and 110 (hereinafter collectively referred to as the “instant store”), the ownership in the future was transferred between May 20, 202 and March 7, 2003.
[2] A. 2. On May 19, 2008, the Defendant lent KRW 310 million to E (25% per annum) (A. 1 Defendant asserts the forgery side, but it is recognized as the identity of the stamp image affixed on the evidence A. 1, and it is presumed to have been made according to the Defendant’s intention. See Article 358 of the Civil Procedure Act. As to the store of this case as security, the Defendant was set up a collateral security right of KRW 300 million (A. 2) with respect to the store of this case, the maximum debt amount of KRW 300 million (A. 2), and the F forest in the Chungcheongbuk-gun, Chungcheongbuk-gun, E (hereinafter “instant increased forest”) with respect to each of the maximum debt amount of KRW 200 million.
[B] 2-1] 3. The defendant lent an additional amount of KRW 50 million to E on October 6, 2008 (this rate is the same as the previous one) to E, and on the same day, was set up a collateral security amount of KRW 75 million with respect to the store of this case as of the same day.
[A; 4. The Defendant, on October 23, 2009, transferred to G the remainder KRW 180 million to the Plaintiff and H, respectively, the amount of KRW 180 million, half of the loan claims against E, which was the aggregate of KRW 360 million, on October 23, 2009.
(i) On October 26, 2009, the Plaintiff and H jointly acquired the claim amounting to KRW 180 million [A] 5.5, and on October 26, 2009, with respect to the share amounting to KRW 1/2 of the instant right to collateral security, the Plaintiff and H were additionally registered for the transfer of share based on the partial transfer of claim for each of the instant right to collateral security (A/2], and on October 27, 2009, with respect to the right to collateral security established on the instant increased forest land, the additional registration for the transfer of share was completed with the same share ratio as above.
[B] 2-1] 6. immediately after that, November 16, 2009