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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 9, 2007, Korea well-dying Co., Ltd. (hereinafter “Korea well-being”) completed the registration of creation of a mortgage over KRW 200,00,000 on the maximum debt amount of KRW 200,000,00 on the 11048 square meters received on March 9, 2007 from the Jungcheon District Court’s Macheon District Court’s Macheon District Court Registry (11048 on March 9, 2007.
[Joint Security List: 21 square meters of J factory site, 484 square meters of M factory site, 118 square meters of K factory site (1/2 shares in Korea well-being), 493 square meters of N factory site, hereinafter “instant collateral security”). B.
After that, G transferred the secured debt of the above establishment registration to F, and the registration of the transfer of the establishment of the above neighboring establishment registration was completed as of September 10, 2008 by the Jung-gu District Court of Law No. 40271, Sept. 10, 2008.
C. Next, the procedure for the auction on the above real estate was conducted in Jinbu District Court E. In the above auction procedure, F (G) submitted a claim statement stating that the principal amount of the claim against well-being Korea is KRW 265,00,000,000, interest rate is KRW 78,759,400, and that there is a claim amounting to KRW 343,759,400 in total. Accordingly, on March 30, 2012, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes F (G) the maximum debt amount of KRW 136,286,000,00 equivalent to KRW 68.14% out of the dividend amount of KRW 36,286,098.
The Plaintiff, a mortgagee, raised an objection against KRW 36,286,098 out of KRW 136,286,098, which was distributed to the F of the said distribution date, and submitted the instant lawsuit to the said court within seven days thereafter.
E. Meanwhile, the F died on July 10, 2012, and the heir was O, P, B, and C, who were wife and children, but the heir was O, P, and P was tried to accept the return of each renunciation of inheritance under the 2012-Ma1341, Ji Government District Court 2012-Ma1733.