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1. The plaintiff's main claim is dismissed.
2. The part of the conjunctive claim in the instant lawsuit is dismissed.
3...
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) Nonparty Sejong Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”)
(A) On September 4, 2014, the Plaintiff entered into an agreement with Nonparty D for a general loan loan agreement by setting the loan amount of KRW 105,00,000, annual interest rate of KRW 10%, annual interest rate of KRW 25%, annual interest rate of delay damages, and KRW 25% per annum, and on the same day, real estate listed in the separate sheet owned by Nonparty D (hereinafter “instant real estate”).
(2) On September 15, 2015, Sejong Mutual Savings Bank transferred the right to collateral security (including all subordinate claims, such as the balance 103,472,943, interest thereon, delay damages, and provisional payment, etc. as of September 15, 2015) based on the said loan agreement to the non-party United Nations LAL Co., Ltd. (hereinafter referred to as “Korea”), and notified the assignment of claims to D on October 7, 2015.
3) On September 24, 2015, the Republic of Korea: (a) transferred the foregoing collateral security claims acquired from Sejong Mutual Savings Bank to the Plaintiff; and (b) on October 7, 2015, the Defendant notified the assignment of claims to D; (c) around August 31, 2015, the Defendant concluded a lease agreement between D and D with regard to “three occasions” among the instant real estate, with the lease deposit amount of KRW 15,00,000,00; (d) from September 1, 2015 to August 31, 2017 (hereinafter “instant lease agreement”); and (e) paid D the lease deposit of KRW 1,00,000,000 on August 31, 2015; and (e) paid D with the lease deposit of KRW 1,00,000,000,000 on September 19, 2015;
2) On September 7, 2015, the Defendant completed the resident registration of the instant real estate, and obtained a fixed date on the said lease agreement. C) On September 10, 2015, Daejeon District Court C Voluntary Auction Procedure (hereinafter “instant auction procedure”) began on September 10, 2015 upon the application of Sejong Mutual Savings Bank, a mortgagee, on the instant real estate.
2. In the above auction procedure, the plaintiff is the applicant creditor.