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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Around April 21, 2000, the Defendant and his wife leased the real estate indicated in the attached Form D (hereinafter “instant real estate”) from D (hereinafter “instant real estate”) to KRW 27 million, and filed a move-in report on the instant real estate on the same day.
The defendant and C prepared a lease agreement with D on August 29, 200, lease deposit amounting to KRW 27 million, lease deposit amounting to KRW 27 million on August 29, 2004, and lease without a fixed period from August 29, 2004, and obtained a fixed date on September 8, 2004. On April 7, 2008, the lease deposit amount was increased to KRW 35 million from the existing 27 million to the previous 35 million, and it was granted a fixed date on the following day.
C On June 14, 2011, the real estate in this case transferred to another place of residence, and the defendant, children E, and F occupy the real estate in this case until now, while maintaining the resident registration of this case.
Meanwhile, the Plaintiff entered into a loan agreement with D on February 28, 201, with a maximum amount of KRW 42 million, and on March 2, 2011, entered into a mortgage agreement with a maximum amount of KRW 50,40,000 regarding the instant real estate owned by D in order to secure the said loan claim. Accordingly, on March 7, 2011, the Plaintiff loaned KRW 42,00,000 to D on March 30, 201 after the registration of the establishment of a neighboring mortgage was completed under Article 14915 of the receipt of the Ansan Branch Branch of Suwon District Court’s Ansan Branch of the Family Court’s Ansan Branch of Korea Branch of March 7, 2011.
D In order for the Plaintiff to fail to repay the above loan obligations, the Plaintiff filed an application for voluntary auction of the instant real estate with the Suwon District Court Ansan Branch G on the basis of the foregoing right to collateral security, and the said court rendered a voluntary decision to commence the auction on January 12, 2017.
(hereinafter “instant auction”). The instant auction