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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. 1) On June 30, 2004, the Plaintiff filed a lawsuit against B on the loan claim No. 2003da7517 with the Daegu District Court, and sentenced B to the Plaintiff on November 25, 1998 to November 4, 2001, 23% per annum, and 19% per annum from the next day to the day of complete payment. The above judgment became final and conclusive around that time. 2) The Plaintiff filed a lawsuit against B on July 6, 2004 against the Daegu District Court, 204Kadong Branch Branch 2229Kadan 229, and decided to pay the Plaintiff the amount of 49,831,070 won, and 52,714,000 won, which was calculated on July 6, 2004 to the day of full payment, with the agreed interest rate of 143,567,00 won and 52,714,000 won which was calculated on August 27, 2003.
3) The Plaintiff filed a lawsuit against B on December 12, 2012 against the Daegu District Court 2004Gadan6917, and received a decision to recommend reconciliation that B pay the amount of KRW 290,485,00 and the amount of KRW 23% per annum from August 17, 1998 to November 4, 2001, and the amount of KRW 19% per annum from the next day to the date of full payment. The above decision became final and conclusive around that time. 4) The Plaintiff’s claim against B against the Plaintiff was KRW 1,584,619,231 [the amount of KRW 483,83,072 + [the principal 483,83,072 + 00,567,000 + 290,005,005].
B. 1) Real estate listed in the separate sheet (hereinafter “instant real estate”)
(B) On February 17, 1997, the registration of ownership transfer was made under B, and on April 28, 1998, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) consisting of the debtor, the defendant, the mortgagee, the Daegu Bank Co., Ltd., the maximum debt amount of KRW 130,000,000.
(2) The Plaintiff filed an application for a decision on compulsory commencement of auction to the Daegu District Court Branch C with respect to the instant real estate and rendered a decision on compulsory commencement of auction on March 8, 2012. The Daegu Bank Co., Ltd. on December 12, 2012 in the said auction procedure.