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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of Gap evidence No. 1, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 6, and the purport of Gap evidence No. 7, and there is no counter-proof.
D acquired ownership as of November 21, 2013 with respect to the 403th floor of the CDad Co., Ltd. (hereinafter “the loan of this case”). On the same day, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 120,900,000 as the Defendant’s maximum debt amount of KRW 120,90,000 has been completed, and on May 30, 2014, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 7 million was completed.
B. The Defendant filed an application for voluntary auction of the instant loan with the Suwon District Court Ansan Branch F, and accordingly, the decision of voluntary auction was rendered on March 10, 2015, and the registration of the same date was completed. However, the registration of the cancellation of the registration of the decision of voluntary auction was completed on April 17, 2015 on the grounds of withdrawal as of April 17, 2015.
C. In addition, as of July 7, 2015, the provisional attachment registration was completed in the amount of KRW 15,922,416 as of the claim amount of the SP loan corporation, and the provisional attachment registration was completed in the amount of KRW 5,263,116 as of September 14, 2015, and the Defendant filed an application for voluntary auction as to the loan of this case with the Suwon District Court Ansan Branch B, and accordingly, the decision of voluntary auction was rendered as of September 21, 2015, and the registration of the attachment registration was completed in the National Health Insurance Corporation as of September 30, 2015.
On November 20, 2015, the Plaintiff asserted that the said auction court was a lessee who leased the instant lending of KRW 40,000 to the said auction court, and filed a report on the right and a request for distribution.
E. In the above auction procedure, the loan of this case was sold in KRW 113,100,00 on May 31, 2016, and the above court obtained KRW 113,107,730, the remainder after deducting KRW 2,536,337, which was the sum of interest accrued from the above sale price, from KRW 113,10,57,730 on June 28, 2016.