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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 September 18, 2009, E, the Plaintiff’s wife, borrowed KRW 500 million from the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”), at the interest rate of 11% per annum, 25% per annum, overdue interest rate of 25%, and repayment date of August 21, 201. On September 21, 2009, with respect to the registration of creation of a mortgage on the above bank, the maximum debt amount of KRW 650 million, and the maximum debt amount of KRW 280,000,000,000, in sequence, the registration of establishment of a mortgage on the above bank, the mortgagee, the mortgagee, the mortgagee, and the maximum debt amount of KRW 280,000,00,000.
B. D filed a request for auction of the instant real estate under the Seoul Northern District Court B, which was based on the foregoing collateral security, and the commencement of auction was decided on April 5, 201, and the Solomon Savings Bank applied for an auction of the said real estate to the same court C (Duals) on the basis of the said collateral security and rendered a final decision on February 13, 2012.
C. In the above auction procedure conducted thereafter, the instant real estate was sold at KRW 750 million on September 28, 2012, and the amount to be actually distributed on the date of distribution was KRW 752,750,753 on October 30, 2012; KRW 160 million on the first lessee G; KRW 592,750,753 on the first lessee G; and KRW 592,750,753 on the first lessee G; and each distribution schedule was prepared to distribute the said real estate to the Solomon Savings Bank; the Plaintiff was present on the date of distribution, and stated an objection against the entire dividend amount in the capacity of E; and filed the instant lawsuit on November 6, 2012.
The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the defendant was appointed as the trustee in bankruptcy.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1 and 2, the purport of all pleadings
2. The Plaintiff asserted that he/she obtained a loan of KRW 500 million from the Solomon Savings Bank in his/her name, and received a separate loan from the said Bank, and on April 2012.