손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 10, 2012, the Defendant lent to C with a loan for multi-household housing construction in a fixed period of two years during which the reimbursement period of KRW 256,00,000 was due. As to the obligee, the obligor, the obligor, and the maximum debt amount of KRW 307,200,000 (hereinafter “instant land”), the Defendant completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”).
B. On January 24, 2014, E, the wife of C, subrogated for KRW 128,370,850 to the Defendant, but did not complete the supplementary registration of the transfer of the right to collateral security.
C. Meanwhile, on June 29, 2012, F purchased the instant land from C and completed the registration of ownership transfer on the grounds of sale and purchase, and thereafter, on the instant land, the 4th apartment house of reinforced concrete building (hereinafter “instant building”) on the ground of reinforced concrete construction on the instant land. Since then, F completed the registration of ownership preservation in the F name on the instant building.
The Plaintiff leased KRW 128,00,000 to F on December 9, 2014 at an interest rate of 2% per month, and completed the registration of the establishment of a neighboring establishment with regard to the instant land and buildings (in combination with the instant land and buildings, referred to as the “instant real estate”) with the Jeonju District Court No. 56218, Dec. 9, 2014, which was received on December 9, 2014, as the creditors, debtors, F, and maximum debt amount of KRW 150,000,000.
E. Around June 11, 2015, theO, who was the mortgagee of the instant building, applied for an auction of real estate rent to the Jeonju District Court Military Branch of Military Accounting (hereinafter “instant auction procedure”). At the instant auction procedure, E applied for exclusion of distribution, reporting of rights and demand for distribution on March 8, 2016, and completed supplementary registration on March 23, 2016, upon receipt of partial transfer of the right of collateral security on the ground of subrogation from the Defendant on March 22, 2016.
F. On April 1, 2016, Jeonju District Court Military Branch E in the instant auction procedure.