손해배상
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Basic facts
A. On September 6, 2002, the Plaintiff completed the registration of the establishment of a neighboring bank with the maximum debt amount of KRW 302,400,000, the debtor, and the mortgagee A with respect to the B apartment Nos. 302, 101, and 302, the third floor owned by the Plaintiff (hereinafter “the instant real estate”).
B. On July 21, 2006, the Plaintiff obtained a loan of KRW 360 million from the bank, and concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) to guarantee the payment of the principal and interest of the loan, on the same day, with respect to the instant real estate from our bank as the maximum debt amount of KRW 129,60,000,000, and with the debtor A and the mortgagee bank.
C. As the Plaintiff delayed the payment of the principal and interest of the loan from March 15, 2014, our bank applied for a voluntary auction of the instant real estate to the Suwon District Court C, and the said court rendered a voluntary decision to commence the auction on May 19, 2014.
After that, on June 22, 2015, the registration of ownership transfer was completed on June 22, 2015 for the real estate in this case in the above voluntary auction procedure.
E. Meanwhile, on September 5, 2014, our bank concluded a contract to sell a claim with a foreign exchange F&A Co., Ltd. and one bank, and transferred its claim against the Plaintiff. On September 29, 2014, Korea Exchange F&A Co., Ltd and Han Bank transferred all the rights and obligations pursuant to the said contract to the Intervenor’s Intervenor (hereinafter “ Intervenor”) for asset-backed securitization and notified the Plaintiff of the fact of transferring the said assignment.
The defendant is the intervenor's asset administrator.
F. On July 17, 2015, the Intervenor received dividends of KRW 381,941,393 as a mortgagee of a right to collateral security on July 17, 2015.
(g) thereafter;