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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) On September 10, 2007, I union loaned 350 million won to J on the basis of the loan period of 2 years, the maximum interest rate of 20 million won per annum (change rate) to J on September 10, 2007, and F jointly and severally guaranteed the above loan obligations. 2) I union concluded a contract with F on September 10, 200 to establish a right to collateral security (hereinafter “one land”), 318 square meters in Yan-gu, Seoul Special Metropolitan City (hereinafter “the former Special Self-Governing Province”); 1938 square meters in Y-gu, Seoul Special Metropolitan City (hereinafter “the former Special Self-Governing Province”); and accordingly, on September 10, 2007, the former Special District Court completed the registration of the establishment of a mortgage (the maximum debt amount of 450,500,000 won; 380,000,000 won, and 380,000,00).
(C) On August 26, 2009, H 953 square meters (hereinafter referred to as “second land”) for 1,938 square meters in Yansan-gu Seoul Special Metropolitan City (hereinafter referred to as “the creation of superficies of this case”).
(C) and K 985 square meters (hereinafter referred to as “third land”)
4) On September 3, 2009, on the same day, the registration of creation of superficies of this case was also transcribed on the land No. 2.4) and thereafter on September 3, 2009, the registration of creation of a superficies of this case was completed following the completion of the registration of establishment of a mortgage of this case, which was added to the joint collateral of the instant mortgage (hereinafter “the instant building”) 80.81mm2 on the land No. 3, which was owned by F, to the collective collateral of the instant mortgage.
(F) As of September 3, 2009, the registration date of creation of superficies of this case was completed on the F’s land Nos. 1 through 3 and on the land of this case and on the building of this case as of September 3, 2009. 5 On the other hand, the Plaintiff was indicted on the Jeonju District Court on August 22, 2012 with the land of this case and the building of this case as joint collateral.