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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 October 12, 2012, the Plaintiff Union entered into two loan agreements (hereinafter “loan Nos. 1 and 2”) as follows:
The term “self-deposit loan” column for repayment of the loan interest rate of KRW 159,00,000 in total with interest rate of KRW 159,000 (individual transactions) and the deposit loan of KRW 2 self-relianced deposit (certificate loan) is written in advance as “self-deposit loan” as vice character or rubber, and under which the term “self-deposit loan” is written as “the type of loan” column.
(A) No. 1-2) 40,000,000 won (based on the changed-type rate - 0.4%) shall be freely repaid (en full repayment)
B. The Plaintiff Union entered into a mortgage agreement with B as to the instant apartment Nos. 604 of Busan Northern-gu, 110, and 604 (hereinafter “instant apartment”) on the same day, setting the maximum debt amount of KRW 206,700,000 with the maximum debt amount, and received the establishment registration of a mortgage near the same day (hereinafter “the establishment registration of a mortgage”).
The document of the contract to establish a collateral security is printed in the same text as “the scope of the secured obligation.” The debtor’s creditor (main and branch) is named as “any obligation to be incurred at present and in the future due to transactions pursuant to the following agreement,” and is written in the column as “a document loan.”
C. Since B lost the benefit of the lending period Nos. 1 and 2 thereafter, on March 2014, the Plaintiff Union filed an application for voluntary auction as a mortgagee for the above apartment on March 17, 2014, and the decision on voluntary auction was made to Busan District Court A and the auction procedure was in progress.
In the above auction, the Plaintiff Union’s loan Nos. 1 and 2 shall be deemed to be included in the secured debt of the registration of the establishment of the mortgage of this case, and thus, the total amount of KRW 226,482,377 (=a total of KRW 23,167,183,970) shall be the principal and interest of the bonds of KRW 23,167,183 in total.