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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 6, 1997, Gwangjuyang Co., Ltd. obtained approval from the Defendant for a housing construction project plan with the content that a new apartment house with the size of 20 floors above 38,682.4m2 and 15 15 m2 and 497 m2 is built on the land within 13m2 and 38,682.4m2 of the total floor area (hereinafter “instant project site”).
(hereinafter referred to as “the instant housing construction project” is the instant project. (b)
D Co., Ltd. (hereinafter referred to as “D”) acquired the instant business prior to the transfer of the instant business from Mayang Green Co., Ltd., through the construction of Magyang Co., Ltd. and the construction of Mawyang Integrated Co., Ltd., and obtained a modified approval of the business plan from the Defendant on February 16, 2006
C. D, on July 5, 2007, extended a loan of one billion won from Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) to Korea Mutual Savings Bank in relation to the instant project site as collateral, D created a mortgage with the maximum debt amount of 1.3 billion won and the debtor D.
D and the Korea Mutual Savings Bank, on March 11, 2009, deleted the registration of the establishment of the foregoing neighboring mortgage, and NonEL Co., Ltd. (hereinafter “NonEL”) borrowed KRW 1,050,000 from our Mutual Savings Bank on the same day. D with respect to the instant project site as security for the said loan, established a new collateral security right with the maximum debt amount of KRW 1,365,000,000 to Korean Mutual Savings Bank, and the debtor Non-EL.
Each letter of waiver and transfer of the right to implement a project shall construct and lease a rental apartment with a building area of 2,465.525 square meters on the land of 13 square meters outside Jeonyang-si, Jeonyang-do. In the event that the operator and the debtor of the business selling in lots can not normally implement the business related to the loan that he/she received from her own as of March 11, 2009, it shall be the case without any separate agreement and notification if there occurs a reason for waiver of the right to implement a project, such as when a cause for waiver of the right to implement a loan arises.