청구이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The execution title of the instant land was originally owned by the Plaintiff. On November 20, 2008, upon the application of the Gangwon-gu Saemaul Community Depository, a senior mortgagee on the instant land, the establishment of the execution title of the instant land (hereinafter “instant land”). The voluntary decision of commencement of auction was rendered on October 14, 2009, and the Defendants paid a successful bid of the instant land on October 17, 2009 and completed the registration of ownership transfer as to the instant land on November 17, 2009. After that, the Defendants filed a claim against the Plaintiff for withdrawal of the instant land and removal of the above ground buildings from the building located on the instant land and returned the amount equivalent to the transfer of the instant land and the rent thereof, and thus, the Defendants did not have received any dispute between the court and the Defendant’s appeal and the lower court’s final decision on November 17, 2009 and the lower court’s final decision on May 31, 2015 (hereinafter “instant appeal”).
2. Summary of the grounds for objection to the instant claim filed by the Plaintiff
A. After receiving a successful bid of the instant land in the said voluntary auction procedure, the Defendants participated in the distribution procedure and received dividends of KRW 121,595,318, and then Defendant B acquired the claim against the Plaintiff from Defendant C along with the right to collateral security (including the right to collateral security). On the ground that the secured claim (including the right to collateral security) still remains, the Plaintiff filed a lawsuit against the Plaintiff around 2010, but was sentenced to a judgment against the Seoul East Eastern District Court on December 1, 2010 (the same court 2010Gahap6503 case) and the appeal by Defendant B was not accepted in the Seoul High Court on November 9, 201, and the above judgment of the appellate court is more than the above judgment.