1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. C (hereinafter “D”) on December 15, 1997, entered into a “rental housing construction agreement” with the F Co., Ltd. (hereinafter “F”) that carried out a construction project of 215 households of rental apartments (hereinafter “instant rental apartment”) on the ground of land (hereinafter “instant land”) with the land of 14,00 square meters and 4,150,000 won on the leased apartment (hereinafter “instant leased apartment”) and 3,000 won on December 15, 2027, the expiration date of the lending period, 17% per annum, 3,000 per annum, and 160,000 won per annum when the construction or purchase of the facilities with the said lending was completed, the said lending and building should be provided as security, and the F.1.6 billion won on the same day.

B. After that, F entered into an agreement with the Plaintiff to assume the obligation of the Plaintiff with respect to F’s obligation under the said loan transaction agreement on June 14, 200, while failing to pay for the instant rental apartment construction, and at the auction procedure with respect to the instant land, the Plaintiff was awarded the instant land.

C. On June 20, 200, D and the Plaintiff entered into a collective security agreement on additional loans of KRW 92 million, the expiration date of the lending period, KRW 5% per annum on December 15, 2027, KRW 10% per annum on damages for delay, and KRW 10% per annum on the completion of construction or purchase of facilities and buildings with the above loans, and on the date of completion of construction of the above loan agreement, the agreement on loans for normalization of business place was entered into with the Plaintiff, the mortgagee D, the maximum debt amount of KRW 1172,60 million on the same day to secure the claims under the above loan agreement, and the agreement was entered into on the instant land as of June 20, 200, the registration of establishment of mortgage was completed on June 20, 200 to the Plaintiff under the loan agreement, KRW 9,000,000 on June 9, 200, each of the above loan agreement was completed.