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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 December 28, 2005, the Plaintiff agreed to the Defendant to set up the right to collateral security against Nonparty C and the Defendant with respect to the Plaintiff’s share of KRW 450,040/112,50 of the Plaintiff’s 6,473m2 (hereinafter “instant land before the instant partition”), among the Plaintiff’s share of KRW 450,00,000, the maximum debt amount of KRW 350,000, the debtor C and the mortgagee as the Defendant of the right to collateral security. Based on this, the Plaintiff completed the registration of the establishment of collateral security (hereinafter “the registration of the establishment of the right to collateral security”) around the Goyang-gu District District Court was received on January 3, 2006 on January 3, 2006.
B. On March 17, 2008, the instant land before the instant partition was divided into D Forest 4,625 square meters (hereinafter “D Forest”) and E Forest 1,848 square meters (hereinafter “E Forest”). The Plaintiff’s share in each of the said divided lands became the form of joint collateral due to the instant collective security (hereinafter “instant collective security”).
C. On May 14, 2008, the defendant was served on the debtor and the garnishee on May 26, 2008 and became final and conclusive on October 6, 2008, the distribution schedule became final and conclusive by the defendant on October 278, 2003, 490 won as the amount claimed, the third debtor was the Korea Land Corporation, and the third debtor was issued with respect to the amount equivalent to the claim amount out of the compensation amount to be paid to the plaintiff due to the expropriation of the above forest (hereinafter "the first seizure and assignment order"). The above seizure and assignment order was served on the debtor on May 16, 2008 and the third debtor on the debtor and the third debtor on the 26th of the same month, and on October 6, 2008, the distribution schedule became final and conclusive by the defendant on October 278, 303,670 won in the open distribution procedure (F).
In addition, on November 12, 2012, the Defendant is the mortgagee who was established in relation to D forest by the District Court Decision 2012TTTT 2012TT 19819, and the amount of KRW 172,323,655 is the claim amount, and the Korea Land and Housing Corporation shall be the third debtor, and the third debtor shall pay to the Plaintiff due to the expropriation of the said forest.