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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 11, 2014, the Defendant: (a) loaned KRW 71,200,000 to the Plaintiff at the interest rate of 5% per annum on March 11, 2017, and at the highest rate of 20% per annum on the overdue interest rate of March 11, 2017; and (b) completed the registration of the establishment of a mortgage in the Defendant’s future for the purpose of securing the obligation of the above loans (hereinafter “the instant loans”) under the head of Seo-gu, Seo-gu, Seo-gu, 105, 619, 105, and 702, which are owned by Nonparty C (hereinafter “instant loans”).
Of KRW 102,720,049, which was to be actually distributed on August 16, 2016, Nonparty E as lessee; KRW 6,920,000,00, which was to be the mortgagee, Nonparty G as the lessee; KRW 7,040,00,00 which was to be paid by the applicant creditor and the mortgagee; KRW 64,795,733, and Nonparty H as the applicant creditor and the right to demand distribution; and KRW 20,364,316, as the right to demand distribution (hereinafter referred to as “instant distribution schedule”), was formulated by the Defendant.
The plaintiff, as the debtor of the right to collateral security, appeared on the date of distribution, and raised an objection against the total amount of the defendant's dividends.
【Facts without dispute over the grounds for recognition, Gap evidence 1, 4, Eul evidence 1 through 5, the purport of the whole pleadings
2. The plaintiff asserts that since the defendant received KRW 40,711,745 in the Cheongju District Court I real estate auction case, the defendant's dividends in the distribution schedule of this case should be corrected as stated in the purport of the claim.
In full view of the aforementioned evidence and the overall purport of the statements and arguments set forth in the Evidence Nos. 9 through 11, the Defendant received dividends from the Cheongju District Court IBD apartment Nos. 105, 911, 105, 921, and 105, 915, 105, 105, 915, and 915, the Defendant received dividends from the Cheongju District Court IBD International Real Estate Auction Co., Ltd. (15,791, 745, 240, 920, 15, 370, 8425, which are actually distributed on May 25, 2016 (15,791,745, 920, 15, 370, 8425).