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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate,” the establishment registration was completed on May 28, 2015, and on May 30, 2015, the agreement to establish a contract, and on May 30, 2015, the Suwon District Court: (a) issued on May 28, 2015; (b) No. 26343, May 28, 2015; and (c) No. 27152, Jun. 1, 2015, the obligor D (hereinafter referred to as “D”), the mortgagee, the Defendant, the maximum debt amount, 270,000,000 won, respectively, (hereinafter referred to as “instant collateral”).
B. On October 22, 2015, the provisional attachment registration of the instant real estate No. 1 was completed on October 22, 2015 on the ground of the provisional attachment order (2015Kadan1122) rendered by the Suwon District Court (2015Kadan122) by the creditor, the claimed amount of KRW 304,00,000 on October 22, 2015. On November 26, 2015, the provisional attachment registration of the instant real estate No. 2 was completed on the ground of the provisional attachment order (2015Kadan1297) rendered by the Suwon District Court for the creditor, the claimed amount of KRW 32,714,400 on November 26, 2015.
C. At the auction procedure (hereinafter “instant auction procedure”) with respect to each of the instant real estate, which was commenced based on the instant collateral security (hereinafter “instant auction procedure”), the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) among the amount to be actually distributed on March 8, 2017, including the amount of KRW 2,173,825,400, which was the date of distribution, and the amount of KRW 270,000,800, and the amount of KRW 23,801,705, which was distributed to the Plaintiff. The Plaintiff appeared on the date of distribution, and raised an objection against the Defendant’s total amount of KRW 270,00,000,000, which was the date of distribution.
[Ground of recognition] Facts without dispute, Gap Nos. 1 and 10 (including where there is a serial number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff defendant's son lent money to the representative director G, and the defendant lent money to D.