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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. On February 2, 2007, Nonparty D and C concluded a business agreement to resell 12 G apartment stores (including each real estate listed in the attached Table) located in Songpa-gu Seoul, Songpa-gu, Seoul, and to distribute profits by purchasing the said 16, 152, 155, 156, 160, 161, 162, 163, 164 among the said 12 stores, and three stores of 114, 115, 117, and 117, respectively; hereinafter “instant store”).
B. C received a loan of KRW 1,00,000 (interest: 2.143% on the CD circulation rate for three months; 9% on the applicable rate for delay damages) from the new bank (hereinafter “new bank”) in accordance with the instant club business, and paid the remainder to the new bank on March 14, 2007. On the same day, C completed the registration of ownership transfer on the instant store and D-owned Seoul H Ground Building 501 (hereinafter “D-owned real estate”), 209, Songpa-gu Seoul, 101, 201, 201, 200, 202, and 402 on the instant land and ground buildings, and completed the registration of ownership transfer on March 14, 200 with respect to the instant store and D-owned Seoul H Ground Ground Building 501 (hereinafter “D-owned real estate”), and completed the registration of joint collateral security (hereinafter “instant share”).
C. D did not pay only KRW 245,00,000 out of KRW 495,00,000 of the share of the nine commercial purchase by January 2008, and did not bear KRW 250,000,000.
Accordingly, C borrowed the bonds and paid it by subrogation, and in the process, in consultation with D with D, with respect to the 160 of D's share stores, the non-party K (after this transfer to L), 163 and 164, the registration of ownership transfer was completed for the non-party M.
C Around June 2009, when the interest on the loan was overdue, the new bank notified C of its intention to implement the voluntary auction based on the right to collateral security of this case around September 2009.
D, C, K (L's representative), M on October 12, 2009.