beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On May 12, 2006, C obtained a corporate general facility loan of KRW 900 million from the National Bank (hereinafter “instant loan”) from the National Bank on May 12, 2006, and registered the establishment of a mortgage over KRW 1170 million with the maximum amount of debt, which is the comprehensive collateral security regarding land and buildings and E forests owned by C, and G forest owned by F.
(2) On March 9, 2010, C removed a new building on the D and E’s surface in Bupyeong-si, Nowon-gu, Seoul, and added it as a collateral for the right to collateral security.
(3) On February 12, 2010, C obtained a loan from the National Federation of Fisheries Cooperatives (hereinafter “the Federation”), and thereafter, C completed the joint establishment registration of mortgage over KRW 1.82 billion with respect to the land, E, forest, and forest land (hereinafter “first real estate”), and forest land (hereinafter “second real estate”) located in Seocheon-si, Seocheon-si, Seocheon-si, the National Federation of Fisheries Cooperatives (hereinafter “the Federation”), in the same day.
(4) On February 12, 2010, C concluded a contract to alter the right to collateral security (hereinafter “mortgage contract of this case”) with the National Bank on May 12, 2010, under which the amount of the loan of this case is KRW 500 million among the loans from the Suhyup Bank was repaid to the said National Bank, and on May 12, 2010, C concluded a contract to extend the due date of the loan agreement of this case with the National Bank on May 17, 2010, changing the maximum debt amount of the national bank’s title as to the real estate No. 1 to KRW 520,000,000 with the maximum debt amount as to the second real estate, and on May 12, 2010, C concluded a contract to establish the right to collateral security (hereinafter “mortgage contract of this case”).
(5) As to the first real estate on June 3, 2010, C has made a registration of change of the right to collateral security with the maximum debt amount of KRW 520 million and the second real estate under the name of the National Bank and the Suhyup with respect to the second real estate.