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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is the owner of the instant land “C, D, E, F, G, H, I, and C land in combination with the present land,” who was awarded a contract for the above ground construction to J, and the Defendant was a financial institution that lent each of the instant land as security.
B. On May 9, 201, the Plaintiff sold each of the instant lands to J on the basis of KRW 700 million, and the intermediate payment of KRW 40 million was paid on the date of the contract, and the intermediate payment of KRW 420 million was paid on the date of the contract, in lieu of succeeding to the senior collateral security obligation established on each of the instant lands, the remainder of KRW 240 million was paid until December 31, 201.
C. On June 22, 2011, J established the Defendant’s right to collateral security against each of the instant land: (a) completed the registration of creation of a joint collateral with the maximum debt amount of KRW 650 million; (b) the debtor K and the mortgagee as the Defendant; and (c) cancelled the senior collateral security as part of the loan from the Defendant; and (d) partly appropriated the loan for the construction cost.
(1) In order to secure access roads to each of the instant lands, the Plaintiff agreed to exchange M-owned land with the instant land and L, and entrusted J with a certificate of personal seal impression for sale, and delegated the exchange of the said land.
(2) As the Defendant’s employee N presented a certificate of personal seal impression for sale that was issued by the Plaintiff, the J demanded the Defendant’s employee N to cancel the registration of the establishment of a mortgage on the instant land among the joint collateral mortgages, and N, based on the fact that the remainder of the instant land, other than the instant land, was sufficiently secured as a result of reappraisal of the remainder of the land, and as such, the registration of the establishment of a mortgage on the instant land was cancelled on November 3, 201 on the ground of partial renunciation.
(e) JJ.