제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 30, 2012, which was received on May 30, 2012 from the Suwon District Court (hereinafter “instant real estate”) pursuant to Article 28120, the establishment registration of the right to collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based land land and factory building (hereinafter “instant real estate”) owned by the non-party Tae River Co., Ltd. (hereinafter “ Tae River”) was completed with respect to the creditor, Non-party 1 Co., Ltd. (hereinafter “National Bank”), the debtor Tae River and the maximum debt amount of debt amount of the non-party 2.4 billion won.
B. On February 9, 2015, the National Bank requested the court A to hold a discretionary auction of real estate based on the instant right to collateral security, and issued a decision to commence the auction on February 9, 2015
(hereinafter “instant auction procedure”). C.
On June 19, 2015, the Defendant transferred the instant right to collateral security and its secured claim from the National Bank to the creditor at the instant auction procedure. D.
In the instant auction procedure, the executing court ordered the appraiser to conduct an appraisal of the sold real estate, and on February 27, 2015, the appraiser submitted the appraisal report which assessed the total value of the sold real estate as KRW 5,902,829,600, by including the property in the subject of appraisal up to 1540 square meters of the drilling structure, located in each of the instant real estate (hereinafter “the instant tent”).
[Ground of recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 3, 6, 9, 12 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant tent was acquired at the time when the Plaintiff leased the factory building (hereinafter “instant factory building”) among the instant real estate from Tae River, and the Plaintiff again entered into an exchange contract with the said tent on November 19, 2015 after Nonparty C was awarded the bid for the instant tent at the auction procedure thereafter.