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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. On September 15, 2003, the Plaintiff entered into a mortgage-backed contract with ASEAN Bank, Inc. (hereinafter referred to as the “Shyan Bank”) with respect to the debtor with respect to the land and buildings owned by the Plaintiff, which are 526 square meters and C warehouse site 2,097 square meters and 1,300,000 won, prior to the division and change of land category, in order to secure the obligation against Ahyan Bank, Ahan Bank, Inc. (hereinafter referred to as “Ahan Bank”), and the same year.
9. 17. As to the above real estate, the registration of establishment of the establishment of the neighboring mortgage (hereinafter “registration of establishment of the neighboring mortgage of this case”) was completed in accordance with Article 56486 of the Gangwon District Court’s High Court’s receipt of the registration office of the branch court of Goyang branch.
(B) Then, the land B was partitioned into D, and the land category of the remaining part was changed to “site”; hereinafter, as seen above, the land B and C and its ground buildings were collectively referred to as “instant real estate”).
On April 1, 2006, An Heung Bank merged a new bank (hereinafter “the merger”). (The card business part on the same day was divided and merged into a new card company) and the “Yung Bank,” which continued to exist due to such merger, was the Defendant, and the Defendant changed the name of the extinguished company into the “new bank,” which is the trade name of the extinguished company in the process of the merger.
C. On July 14, 2006, the Plaintiff entered into a mortgage contract with the Defendant to secure the Defendant’s obligation to the Defendant with respect to the instant real estate in which the debtor was the Defendant, the mortgagee, the mortgagee, and the maximum debt amount of the instant real estate amount of KRW 1,300,000, with respect to the instant real estate, and for the same year.
7. 18. The above real estate was caused by the Korea District Court's High Court's receipt of the main registry office of the High Court's High Court, No. 64686.