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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. As a member of the A Religious Organization E, the Plaintiff was a member of the A Religious Organization E, and its name was F. A religious organization (E) around September 30, 2010. A religious organization G was changed to the Fridge of A Religious Organization G, and around January 7, 2014, at the time of the A Religious Organization H General Assembly, and Nonparty I and J were the previous representatives of the Plaintiff.
B. On August 29, 2010, the Plaintiff agreed to obtain a loan of KRW 7,750,000 from the non-party KK (hereinafter “KK”) and made a resolution to elect the representative as J in the process of carrying out the above matters (hereinafter “instant resolution”). Accordingly, the Plaintiff completed the registration of the establishment of the establishment of the mortgage (hereinafter “instant establishment”) by the government registry of the district government of the Jung-gu District Court, which was issued on September 9, 2010, with respect to the instant real estate, the Plaintiff changed the amount of KRW 10,075,000 to KRW 10,075,000 (the maximum debt amount was changed to KRW 6,454,50,000 on December 26, 2012).
C. KF filed an application for voluntary auction of the instant real estate with the above prior collateral, and on August 27, 2014, the auction procedure was initiated after the voluntary auction decision was rendered. In this auction procedure, Defendant C purchased the instant real estate and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with the Government Registry of the Jung-gu District Court’s Office of Registration on September 9, 2016.
As to the instant real estate on the same day, Defendant C completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant real estate held by the Defendant D, the maximum debt amount of Defendant D, the maximum debt amount of KRW 2,400,000,000, which was the Government Registry of the District Court No. 83162, Sept. 9, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 5 shall include each number, below.