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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. Around August 2004, the New Bank Co., Ltd. (hereinafter “New Bank”) loaned KRW 62,000,000 to the Defendant (hereinafter “No. 1”) and concluded a mortgage contract with the Defendant regarding “No. 110 of the first floor (hereinafter “No. 1”) of the Damju-si, D Apartment No. 110 of the first floor (hereinafter “No. 1”) with respect to “No. 1 of the instant case,” which was owned by the Defendant, with the maximum debt amount of KRW 80,60,000, the debtor as the Defendant and the mortgagee as the new bank (hereinafter “New Bank”), and completed the registration of the establishment of a mortgage on August 4, 2004.
B. Around November 28, 2005, the new bank extended approximately KRW 2,500,000 to the Defendant for additional loans (hereinafter “the second loan”) and owned 1/4 shares in each of the Defendant, E, F, and G on the same day (hereinafter “the second loan”) (after acquiring E’s shares, the Defendant owned 2/4, F 1/4, and G 1/4 each with respect to “the joint ownership relationship before the auction was held by the Defendant with the acquisition of the shares of KRW 3,250,00,000, the maximum debt amount of KRW 5766,50,000,00 with respect to “the Defendant 2/4, F 1/4, and G 1/4,” and thereafter the Defendant completed the registration of the establishment of a new factory building on the ground of the above land as a joint collateral on November 28, 2008.
(hereinafter referred to as “the instant 2-mortgage”) is the same as “the entire building on the land and H major 5766.5 square meters and the entire building on the ground of the same shall be deemed as “the instant 2-mortgage”).
In addition, on April 2008, the new bank extended 200,000,000 won to the Defendant again (hereinafter “third loan”), and on the same day owned by the Defendant, the new bank completed the registration of the establishment of a neighboring mortgage with respect to “304 of the third floor of the 3rd floor of the 3rd floor of the Goyang-dong-gu, Yongsan-gu, Busan (hereinafter “the third floor”) of the first building owned by the Defendant (hereinafter “the third mortgage”).
When the defendant delays the principal and interest of each of the above loans, the new bank will secure the entire principal and interest of the first, second, and third loans of this case with claim bonds at the Goyang Branch of the District Court around July 2013.