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1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.
2. Of the litigation costs, the Plaintiff and the Defendants.
Reasons
1. Facts of recognition;
A. In order to secure the claim against the non-party two fingertech Co., Ltd. (hereinafter referred to as the "non-party company"), the Industrial Bank of Korea obtained the registration of the establishment of a neighboring maximum debt amount of one billion won with the joint collateral of the non-party company's ownership and the non-party E's "F land, G land, and G ground Nos. 1 and H (BB)" owned by the non-party E (hereinafter referred to as the "the real property in this case").
B. On August 29, 2013, the Industrial Bank of Korea filed an application for the auction of the instant real estate with the Suwon District Court D on the instant real estate based on the foregoing collateral security on August 29, 2013, and the said court rendered a decision to commence auction on August 30, 2013, and thereafter, the instant real estate was sold, and thus, distributed KRW 721,705,996, which deducted the execution cost.
C. After applying for an auction on the above real estate from the Industrial Bank of Korea, the Plaintiff acquired the claim and collateral security against the non-party company pursuant to the contract on the sales contract of the claim and the transfer and takeover of the contract, and taken over the Industrial Bank of Korea in the above auction procedure.
On July 22, 2015, the Suwon District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes dividends of KRW 34,210,112 (the amount of the dividend claim to be distributed to the designated party I as shown in the attached list), KRW 151,030, and KRW 1530, and KRW 687,34,854 to the applicant creditor (mortgaged party) in the second order, on the date of distribution of the above auction procedure. On the date of distribution, the Plaintiff raised an objection against the dividend amount to the Defendants among the dividend amount to the designated party I, and filed the instant lawsuit on July 29, 2015, within one week thereafter.
E. Meanwhile, on November 6, 2015, the Plaintiff’s succeeding intervenor entered into an asset transfer agreement with the Plaintiff, and notified the Plaintiff of the assignment of claims as of December 15, 2015 after receiving the claim and incidental rights from the Plaintiff.