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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. 1) Nonparty National Agricultural Cooperative Federation (hereinafter “Nonindicted Bank”), including the preparation of a distribution schedule
(C) The apartment of this case (hereinafter “the apartment of this case”) No. 104 and No. 502, the apartment of this case is owned by the non-party C.
As to the registration of establishment of a neighboring mortgage (hereinafter “mortgage of this case”) with a maximum debt amount of KRW 720,000,000,000,000, received on December 23, 2009 from the Do Government District Court, Goyang-dong District Court, Goyang-dong District Court, the registration office for the establishment of a new collective security
(2) On November 27, 2012, on the ground of the instant right to collateral security, filed an application for voluntary auction of the instant apartment on the ground of the instant apartment. On November 27, 2012, the auction procedure following the said decision to commence voluntary auction (hereinafter “instant auction procedure”).
(2) The Plaintiff was a specialized company for asset-backed securitization under the Asset-Backed Securitization Act. Since the instant auction procedure commenced, the Plaintiff acquired the claim secured by the instant collateral-backed security from the Nonparty bank.
3) During the instant auction procedure, the instant apartment was sold to Nonparty E on March 5, 2014. Of KRW 366,750,461, which was actually distributed on April 28, 2014, Kuyang Branch of the District Court, the amount of KRW 14,000,000 equivalent to the deposit for small amount for which the right of preferential repayment is recognized pursuant to the Housing Lease Protection Act shall be first priority and be distributed to the Defendant who asserted as the lessee regarding the instant apartment and made a demand for distribution, and the amount of KRW 350,847,021, which shall be distributed to the Plaintiff, a creditor under the instant right of collateral security (hereinafter referred to as the “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on May 2, 2014.
B. On September 4, 2012, the Defendant, including the conclusion of a lease agreement, concluded a lease agreement, as a broker between Nonparty C and a licensed real estate agent, for the instant apartment on September 4, 2012, KRW 25,000,000 for lease deposit and KRW 1,000 for monthly rent.