1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Plaintiff’s assertion

On September 7, 2012, the Plaintiff is the trustee in bankruptcy of the Seoul Central District Court (hereinafter referred to as “FD Mutual Savings Bank”) that was declared bankrupt by the Seoul Central District Court.

On October 28, 2009, Lived Mutual Savings Bank concluded a loan agreement with the Defendant to grant a loan with the amount of comprehensive passbook loan, amount of 17 billion won per annum, interest rate of 8.3% per annum, and due date of April 28, 2011 (hereinafter “instant loan agreement”). As to each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) with a loan obligation under the instant loan agreement as collateral obligation, the collateral security (hereinafter “instant collateral security”) was established for each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”).

As the maturity date of the loan agreement of this case expired, Liman Mutual Savings Bank applied for voluntary auction of the instant real estate on the basis of the instant collateral security, and Seoul Central District Court rendered voluntary auction decision on May 24, 201 on the instant real estate.

On March 7, 2013, the Seoul Central District Court revoked the decision on voluntary commencement of auction on the ground that “The instant real estate is registered as a separate building independent of the aggregate building ledger, and is registered for the purpose of sectional ownership due to registration injury, but in fact, it is deemed that the object of sectional ownership fails to meet the objective physical requirements.”

The real estate of this case is registered as 161 units of divided ownership stores, and according to the building ledger, 68 units of divided ownership stores are registered as 68 units of divided ownership, while the defendant destroyed the division part of the real estate of this case and actually used status is divided into about 20 units.

In order for the Plaintiff to enforce the instant right to collateral security, the procedure for revising the registry of the instant real estate should proceed according to the current status, and the registry.