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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a person who completed the registration of creation of a mortgage near the registration of creation of a mortgage over the amount of claims 260,000,000 for each real estate listed in the separate sheet, which is owned by Song BelgiumF, in order to secure the loan claims against D. Upon the Plaintiff’s request, the auction procedure was conducted on April 19, 2013 according to the order of commencement of a discretionary auction of real estate as to each of the above real estate under C. The Plaintiff stated only part of the secured claims as the claim amount (the principal amount of KRW 186,00,000, interest amount of KRW 51,463,396) but expanded the claim amount by the method of increasing the claim amount (the amount of KRW 22,192,602, added to the claim amount of KRW 222,192,602, which was added to the claim amount in the bond statement. As such, the said dividend court should have distributed only the amount stated in the indication in the claim claim statement.
2. Determination
A. In full view of the purport of the provisions of the Civil Procedure Act, each creditor, including the applicant creditor, shall submit a claim statement by the auction date. In light of the purport of the provisions of the Civil Procedure Act, where the applicant creditor fails to submit a claim statement by the auction date, the document recorded in the execution records, such as a request for auction, and the document attached thereto, and where the amount of the claim is expanded by the method of increasing the incidental claim by the method of increasing the incidental claim by the claim statement later, the expansion shall be made by the auction date prior to the time when the claim statement is submitted, and thereafter, it shall be deemed not permitted.
(See Supreme Court Decision 9Da11526 delivered on March 23, 2001). B.
However, the plaintiff did not assert or prove that the plaintiff submitted a claim statement that expands the claim amount by the successful bid date.
Rather, the Plaintiff is the third party.