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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. On August 21, 2008, the Plaintiff entered into a guarantee agreement with C Co., Ltd. (hereinafter “C”) and C’s financial institution with respect to the principal and interest of loan, the guaranteed amount of which is KRW 425,00,000, and D jointly and severally guaranteed C’s indemnity obligation.
Since then, as C was unable to repay the principal and interest, the Plaintiff subrogated 430,528,506 won to the financial institution in accordance with the above guarantee agreement.
B. On April 20, 2009, the Plaintiff filed an application for provisional attachment and payment order of real estate 1) The Plaintiff owned D, a joint and several surety of C on April 20, 2009, Busan E apartment 307 (hereinafter “instant apartment”).
(2) As to this Court’s 2209Kadan8276, the Plaintiff filed an application for provisional seizure of real estate with the claim amounting to KRW 290,00,000,00 with the court’s order of provisional seizure on April 21, 2009, and completed the provisional seizure registration on April 22, 2009. (2) After receiving a provisional seizure order from the court, the Plaintiff filed an application for provisional seizure against C and D on December 11, 3009 with the court’s order of provisional seizure on KRW 430,372,730 and among them, KRW 428,875,096 with the creditors, “The obligor jointly and severally filed an application with the court’s 14% annual payment order from June 30, 2009 to September 29, 2009 to September 29, 2009 to June 16, 2009 to June 16, 2009.”
C. (1) On April 16, 2015, the Plaintiff filed an application for a compulsory auction of real estate with respect to the instant apartment on April 16, 2015, and received a decision to commence compulsory auction from this court on April 17, 2015. (2) On April 30, 2015, the Defendant, who is a partner of D on April 30, 2015, under the said compulsory auction procedure, entered into a lease contract with D and the instant apartment on March 20, 206 (hereinafter “instant lease contract”), and occupied it from that time to April 17, 2009.