1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. 1) New Bank Co., Ltd. (hereinafter “New Bank”) (hereinafter “New Bank”)

(1) On October 24, 2006, a loan is set at a fluctuation rate of KRW 380,000,000,000 as a loan for a new long-term mortgage loan to C on October 24, 2006, adding 0.9% to the market interest rate of KRW 0.9% (hereinafter “instant loan 1”).

(C) On the same day, the apartment of this case (hereinafter “the apartment of this case”) No. 1602 of the D apartment 109 Dong-1602, Nam-si, Namyang-si.

As to the maximum debt amount, the right to collateral security with the maximum debt amount of KRW 456,00,000 (hereinafter “instant right to collateral security”).

) Contract to establish the instant mortgage (hereinafter referred to as “instant mortgage contract”).

(2) Article 1 of the mortgage contract of this case, which was made between the new bank and C on October 24, 2006, entered into the mortgage contract of this case in one of the specific collateral security, limited collateral security, and comprehensive collateral security, and the upper part of the contract of this case entered the column of "the party concerned, Article 1, and the end of the contract," written in the same form, "the time when the collateral security contract of this case was written in its own writing by the person who provided the collateral." On the other hand, the document of the mortgage contract of this case written in the form of "the party concerned, Article 1, and the end of the contract" is written in the same form as "the time when the person concerned entered the collateral in its own writing."

3) Since February 12, 2007, the new bank established a loan of KRW 30,000,000 as a general household loan of KRW 30,000 with interest rate of KRW 9% per annum to C on February 12, 2007 (hereinafter “instant second loan”).

B. B. The Plaintiff, including the conclusion of a lease agreement, entered into a lease agreement, entered into a lease agreement with C on October 16, 2006 and the instant apartment, with the lease deposit amounting to KRW 220,00,000 and the lease period from October 26, 2006 to October 25, 2008 (hereinafter “instant lease agreement”).

A. A. B. Upon entering into a transfer report and obtaining a fixed date under the Resident Registration Act on November 7, 2006, the transfer report and the fixed date shall be filed from the business.