배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. C purchased Songpa-gu Seoul Metropolitan Government No. 102 (hereinafter “102”) on November 11, 2006, and completed the registration of ownership transfer on December 5, 2006, and thereafter, obtained a loan from the Korean bank (hereinafter “Korean bank”) on October 1, 2007, and entered into a mortgage contract with the Korean bank on October 1, 2007 with regard to No. 102, and completed the registration of establishment of a mortgage on the first-class priority basis of No. 72 million maximum debt amount on the same day.
B. As of October 27, 2007, the Defendant entered into a lease agreement with C, setting the lease deposit of KRW 102 from C to November 8, 2009, with the lease deposit of KRW 60 million, and the lease period of KRW 8,00,000, and completed the move-in report on the resident registration on November 102 of 2007, and received the fixed date in the above lease agreement from June 11, 2013.
C. On November 13, 2007, the establishment registration of mortgage between C and Korea bank was cancelled, and the establishment registration of mortgage between C and Korea bank was cancelled.
C In other words, as to August 102, 2008, Korea Bank (hereinafter “Korea Bank”) concluded a mortgage agreement with Korea Bank (hereinafter “Korea Bank”) and completed the registration of establishment of a mortgage on August 6, 2008 with Korea Bank on August 6, 2008.
On March 5, 2013, the Plaintiff filed a lawsuit against C, etc. for a claim for reimbursement, etc. with the Seoul Central District Court 2013Gahap17051. On January 7, 2014, the judgment of “C” was rendered to the Plaintiff on the amount of KRW 563,640,420 as well as KRW 6% per annum from February 23, 2013 to October 19, 2013, and the amount of money paid at 20% per annum from the next day to the date of full payment.” On January 30, 2014, the said judgment became final and conclusive as is.
On the other hand, on February 19, 2013, the Plaintiff received the decision of provisional seizure of real estate with the claim amounting to KRW 565,688,881 as Seoul Central District Court 2013Kadan34499 as to 102, and on the same day, the entry registration of the provisional seizure was completed.
E. Our bank shall not repay the loan to C.