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1. The plaintiff's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff: (a) on December 10, 2009, on the land located over 886 square meters in Namyang-si, Namyang-si; (b) the following:
1.(b)
At the time of the registration of the establishment of a neighboring port, C Forest land was 969m2, but 86m2 was divided into I on August 29, 2008, and the land category was changed to the site on June 22, 2009.
and D The following shall apply to the land above 81 square meters in width:
1.(b)
At the time of the registration of the establishment of a neighboring port, the land category was forest land, but the land category was changed to the site as of June 22, 2009.
(2) Of each of the instant lands (hereinafter “each of the instant lands”), each of the instant lands signed a sales contract to purchase KRW 200,000,000 for the purchase price of KRW 96.7/967 shares and KRW 302 of each of the instant lands’ ground reinforced concrete structure (refinite concrete slopedy roof) and KRW 302 of each of the instant lands, and completed the registration of ownership transfer on December 11, 2009.
B. On July 3, 2006, the Defendant extended KRW 1,100,000,00 to F on July 5, 2007, with a maturity of KRW 1,100,000 as set by the due date, and provided each real estate listed in the separate sheet as joint collateral. Under the above agreement, the Defendant completed the registration of creation of superficies (hereinafter “registration of creation of superficies”) with a maturity of 30 years from July 3, 2006 as of July 5, 2006 by the debtor FF, the mortgagee, the Defendant, the maximum debt amount, the Defendant, the maximum debt amount, 1,430,000,000, and the registration of creation of superficies (hereinafter “registration of creation of superficies”).
C. On June 25, 2007, the Defendant entered into a loan transaction agreement with F and 2,100,000,000 won in order to receive repayment of the existing loan by means of the exchange, and on June 29, 2007, which is the expiration date of the loan period, June 29, 2008, and on June 29, 2008, and on June 28, 2007, the Namyang District Court of the Republic of Korea, the Namyang Registry of 2007, received on June 28, 2007.
It is registered to change the right to collateral security to increase the maximum amount of debt to KRW 2,730,000.