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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 the following facts: there is no dispute between the parties; or the whole purport of the pleadings in each entry in Gap evidence Nos. 1 through 7.
C-owned apartment related disputes 1) On March 19, 2008, the Plaintiff’s loan claim amounting to KRW 25,000,000 against C as preserved right, and the Plaintiff’s loan claim amounting to KRW 25,00,000 against C, as preserved right. The Plaintiff’s D apartment 101, 206, 206 (hereinafter “instant apartment”).
(2) On July 2, 2008, the Defendant concluded a mortgage contract on the apartment of this case with C on July 2, 2008, and completed the registration of establishment of a mortgage on the apartment of this case (hereinafter “mortgage”). On July 3, 2008, on July 3, 2008, the Defendant completed the registration of establishment of a mortgage on the apartment of this case, which is the maximum debt amount of 30 million won, (hereinafter “mortgage”).
3) On July 28, 2008, the Plaintiff filed an application for a payment order against B as the ground for application for the above loan claim under this court No. 2008 tea198, and this court issued the payment order on the same day. The above payment order was finalized on August 14, 2008. The Plaintiff filed an application for the commencement of compulsory auction for the apartment of this case to this court E on the basis of the above payment order finalized on September 8, 2008. On September 9, 2008, the court rendered a decision of compulsory commencement of auction on September 25, 2008. 4) On May 25, 2009, the execution court drafted a distribution schedule of KRW 10,769,561 out of the amount of credit 33,383,561 won, which was reported to the Plaintiff who is the applicant for auction, and the amount of credit amount of KRW 30,000,000,00 won reported to the Defendant.
5. On May 26, 2009, the Defendant filed a lawsuit of demurrer against the Plaintiff as this court’s order 2009Kadan1251, and this court held on October 23, 2009, the Plaintiff’s dividend amount of KRW 10,769,591 won among the above distribution schedule was KRW 4,59,515 won, and the Defendant’s dividend amount of KRW 23,829,924 won was KRW 30,000,000.