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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 9, 2002, the Industrial Bank of Korea concluded a credit transaction agreement with C to grant a loan of KRW 350,000,000 with C, and B guaranteed the above loan obligation to the extent of KRW 420,000,000. (2) The above loan obligation was transferred in sequence to the Industrial Bank of Korea in the order of the following: (a) The loan obligation was transferred at the Industrial Bank of Korea to the limited company specializing in the secondary securitization, the limited company specializing in the e-commerce, the limited company company specializing in the e-commerce, the social company e-mail, the company specializing in the e-mail loan, and the Plaintiff.
3) On the date of February 28, 2008, the Dongyang Social Co., Ltd., a transferee of the above loan, filed a lawsuit against C and B on the claim for the transfer money under the Seoul Central District Court Decision 2007Gahap95128, and completed a settlement with C and B, “The Plaintiff, as the transferee of the above loan, succeeded to the above execution clause on April 16, 2013, the execution clause, jointly and severally, to the social company of the Plaintiff Dongyang Yangyang that took place. 324,43,386 won and the amount equivalent to 20% per annum from January 19, 2008 to the day of full payment.”
B. The Defendant and the Plaintiff completed the registration procedure for transfer of ownership on the ground of gift on January 30, 2008 as the Daejeon District Court Budget Office No. 2091 received on January 30, 2008, with respect to each of the 1/2 shares of the 5,950 square meters and E forest land of 1468 square meters (hereinafter “each of the instant lands”).
C. Establishment and enforcement of the right to collateral security on each of the lands of this case 1) The defendant is the Geumcheonsan Agricultural Cooperatives (hereinafter referred to as the "Seoul Agricultural Cooperatives").
(1) On January 30, 2008, the establishment registration of mortgage was completed with respect to each of the instant land as the secured debt, with respect to each of the instant land, with the loan obligation as the secured debt, with the maximum debt amount of KRW 150,00,000,000 as the secured debt amount, and with the establishment registration of mortgage as the Taesan National Agricultural Cooperative (hereinafter above).