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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 15, 2006, the Defendant: (a) written a loan certificate stating that the Plaintiff will borrow KRW 350 million from the Plaintiff as of February 15, 2006 in order to procure the cost of remodeling the instant building (hereinafter “instant building”); and (b) received KRW 329 million from the Plaintiff on the same day as of February 15, 2006 (hereinafter “Agreement on February 15, 2006”; (c) KRW 30,500,000 from the Plaintiff on each of the instant land owned by the Defendant (hereinafter “instant building”); (d) KRW 360,500,000,000,000,000,000 for KRW 506,000,000,000,000,000 for KRW 506,000,000,000,000 for the purpose of securing the above loan obligations; (e) the Defendant agreed to receive KRW 1606,5,500,060,00,060,00.
On September 26, 2006, the Defendant borrowed KRW 220 million from I, J, and K at the interest rate of KRW 3.5% per month, and completed the registration of creation of a collateral security (hereinafter “third collateral security”) with respect to each of the instant lands as the debtor, the mortgagee I, J, K, and the maximum debt amount of KRW 330 million with respect to each of the instant lands, and upon obtaining the consent of the Plaintiff, the Defendant completed the registration of creation of a collateral security (hereinafter “third collateral security”) with respect to each of the instant lands, and the third collateral security (hereinafter “third collateral security”) is the same as before the third collateral security higher than the first and second collateral mortgage, after cancelling the registration of establishment of a collateral security and the second collateral security.