배당이의
1. The plaintiff's lawsuit against the defendant National Bank of Korea is dismissed.
2. The plaintiff's defendant.
1. Facts of recognition;
A. On April 25, 2003, the Plaintiff loaned KRW 35 million from the Defendant National Bank, KRW 240 million on February 21, 2007, KRW 150 million on May 22, 2012, and KRW 313,950,00 on the real estate listed in the separate sheet (hereinafter “instant real estate”) in order to secure the above loan obligation on February 14, 2007, the Plaintiff completed the registration of establishment of a mortgage, which is the Defendant National Bank, as the mortgagee, with respect to the maximum debt amount of KRW 313,950,00 on the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On December 6, 2010, EF Savings Bank Co., Ltd. completed the registration of establishment of a mortgage on the instant real estate with the maximum debt amount of 32,50,000,000 won, and E, the debtor. On July 8, 2014 regarding the registration of establishment of a mortgage, the said registration of establishment of a mortgage was completed, and the registration of establishment of a mortgage on May 21, 2015 was completed in addition to the registration of establishment of a mortgage on the said real estate to be a corporation with a right to collateral security on May 21, 2015, with the right to collateral security on October 16, 2015.
C. On October 10, 201, Defendant C&C had registered the establishment of a new mortgage on the instant real property at KRW 37,500,000 with the maximum debt amount and KRW 37,50,000 with respect to the instant real property. D.
Defendant National Bank applied for voluntary auction of the instant real estate to Seoul Western District Court C with the Seoul Western District Court C on July 17, 2015 (hereinafter “instant voluntary auction procedure”). Defendant National Bank entered into an agreement on the acquisition of assets, instead of August 11, 2015, which transferred its claim against the Plaintiff to the Plaintiff, and instead, Defendant National Bank Co., Ltd entered into an agreement on the transfer and acquisition of all rights and obligations under the said agreement between Defendant EF&A and the Seoul Western District Court C on September 2, 2015, and obtained the consent of Defendant National Bank.
Meanwhile, Defendant National Bank shall claim KRW 56,431,441, total amount of loan claims against Plaintiff on April 25, 2003 and May 22, 2012.