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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 24, 2006, C completed on May 24, 2006, the registration of the establishment of a mortgage on each real estate listed in the attached list to the Defendant, and the registration of the establishment of a mortgage on each of the real estate listed in the attached list, which was completed on May 24, 2006 by the Daejeon District Court of Daejeon as the maximum debt amount of KRW 60,000,000,000 and the registration of the establishment of a mortgage on the part of the mortgagee as the Defendant (hereinafter the above collateral security was referred to as the “instant collateral
B. C borrowed money from the Defendant and completed the registration of creation of a new mortgage of this case to secure it. On October 25, 2013, the Defendant filed a lawsuit against C seeking the return of the above loan, and sentenced C to the Defendant to pay KRW 40,000,000, and the said judgment became final and conclusive.
Meanwhile, on August 5, 2014, the Plaintiff issued a seizure and collection order against the Defendant’s claim against the Defendant for the return of unjust enrichment of KRW 80,000,000 as the executive title, with regard to the claim for the above judgment amounting to KRW 2014T4863, which was rendered by Suwon District Court, as the title of claim for the return of unjust enrichment of KRW 80,000 against the Defendant, and the Plaintiff received a seizure and collection order against the Defendant’s claim for the above judgment amounting to KRW 30,00,000. On January 16, 2015, the Plaintiff received an order for the entire seizure of the instant claim under the seizure order issued by the Suwon District Court, which was issued by the said assignment order to C,
(hereinafter “instant assignment order”). 【The ground for recognition of the instant assignment order】 The fact that there is no dispute, entry in Gap’s 1 through 3 (including branch numbers) and the purport of the entire pleadings
2. The plaintiff's assertion that the plaintiff filed an order to complete the claim secured by the right to collateral security of this case, and the seizure and assignment order became final and conclusive, and the defendant asserts that the plaintiff is liable to perform the registration procedure of collateral security transfer based on the attachment and assignment order of claims
3.With regard to the claim with a mortgage ex officio.