배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On March 31, 2008, G obtained a loan from the National Bank of Korea on the part of March 31, 2008 from the National Bank of Korea, and provided a joint collateral of 1.3 billion won in the name of the National Bank of Korea (hereinafter “instant collateral security registration”) with respect to the registration of creation of a neighboring mortgage in the name of the National Bank of Korea (hereinafter “instant collateral security registration”).
(2) On June 5, 2008 after the registration of the instant right to collateral security, Suwon-si was merged with C and became Suwon-si 293 square meters (hereinafter “instant site”).
(3) On January 27, 2010, E filed a provisional registration of the right to claim ownership transfer registration on the instant site, and completed the ownership transfer registration on July 9, 2010 (the date of May 12, 2010).
(4) Meanwhile, on June 5, 2008, the National Bank completed the registration of creation of superficies for the purpose of owning buildings, other structures, or trees on the instant site.
(B) On March 31, 2008, Suwon-si registered the creation of superficies only with respect to the area of 128 square meters of the D site, Suwon-si, and established superficies on the entire site of this case following the merger.
(1) On June 4, 2008, F filed an application for a construction permit of the building of the 7th floor neighborhood living facilities (wons, Gowons, Offices) and the 4 households (households) on the instant site (hereinafter “instant building”), and obtained a construction permit from the Suwon market on the 20th of the same month.
(2) On September 8, 2010, after the completion of the instant building, E completed the registration of preservation of ownership of the instant building on September 8, 2010. On October 28, 2010, the registration of creation of a neighboring mortgage on the instant building was completed, and on the same day, the registration was completed to change the debtor of the instant mortgage registration to E.
(3) On September 29, 2011, the maximum debt amount of the instant right to collateral security was modified by KRW 1,038,700,000.
(c).