1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Korea Co., Ltd. (hereinafter “Korea Co., Ltd.”) owned 481-6,354 square meters of land for a factory in Man-ri-ri-ri-ri-ri 481-5 square meters of land for a factory in Man-ri-ri-ri-ri-si.

Korean public assistance applied for the merger of the above two lands in Ansan Viewing, and accordingly, it was organized that the two lands were combined on September 8, 2008, and 481-5 square meters in factory site of 4359 square meters.

B. On March 12, 2009, on which only the land cadastre was combined and the registration of annexation was not completed, the Korea Mutual Assistance made on March 12, 2009 the registration of establishment of a mortgage over the maximum debt amount of 60 million won (hereinafter “the registration of establishment of a mortgage”) against the Plaintiff only as to the land 481-6.

C. On August 25, 2009, the Suwon District Court’s Ansan registry office was entrusted with the registration of the merger of land 481-5 and land 481-6 from Ansan viewing and closed the registry of land 481-6.

While completing the merger registration, the registration of the establishment of the above neighboring mortgage was not denied.

[Ground of recognition] Facts without dispute, evidence A1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts as follows.

According to Article 90-3 of the Registration of Real Estate Act, if the right to collateral security is established only for a part of the land that is combined, the registration officer of the safe registry office cannot make the registration of merger.

In the event that the real estate registration form is closed due to the completion of the registration of a merger, the right to collateral security held on the land was lost as the plaintiff could not seek cancellation of the registration of the merger and restoration of the registration of the closure even if the closure is illegal.

The amount of the above secured claim is KRW 49,113,974, and if the above secured claim is living, the plaintiff could have the full amount of the secured claim preferentially paid, but the above secured claim is the secured claim.