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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff, from around 2006 to around 15, 2006, newly constructed and sold a department store on the land outside Seoul Special Metropolitan City C and 15 lots (hereinafter “instant business”), and the said land is “the instant business site.”
(2) On February 21, 2006, the entry of “stock company” in the name of the Company is omitted except where the name of the Company D (hereinafter referred to as “stock company”) is first mentioned.
(2) On September 10, 2007, the Plaintiff agreed to obtain project financing (PF) loans within the limit of KRW 80 billion from the E organization (i.e., the above E organization divided its credit business; hereinafter referred to as the “F”) to raise funds necessary for the repayment of the existing loan and the repayment of the loan to the contractor in relation to the instant business on September 10, 2007. The Plaintiff agreed to obtain project financing (PF) loans within the limit of KRW 80 billion from the E organization (i.e., the aforementioned E organization divided its credit business; hereinafter referred to as the “F”) and the F was designated as the first priority beneficiary of the collateral trust agreement prior to September 14, 2007.
3) On March 18, 2011, the trustee under the foregoing collateral trust contract changed to G Co., Ltd. and completed the registration of transfer of ownership in the name of G on the same day. On March 5, 2013, the trustee under the foregoing collateral trust contract changed to the defendant again and the trustee has completed the registration of transfer of ownership in the name of the defendant on the same day as the above business site. (4) On March 11, 2015, F entered into a contract with H Co., Ltd. with H to transfer the loan (the balance of the outstanding principal) and the rights derived therefrom to H in accordance with the foregoing loan agreement, and all rights related thereto were transferred to H from the beneficiary of the collateral trust contract to the first beneficiary of H on February 19, 2016.
5. This.