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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. On March 20, 2012, the Plaintiff registered the establishment of a mortgage over KRW 366,00,000 for the debtor, E, the maximum debt amount of KRW 156,00,000,00 on March 20, 2012, with respect to KRW 884,00,000 (hereinafter “each of the instant real estate”) as to the cement brick, Cement, Cement, Cement, Cement, Cement, Cement, SB, 74.21, 74,21, 774, 774, Gaol-gun, Gangwon-gun, Gangwon-gun, Gangwon-
B. On the other hand, on December 8, 2009, the Defendant registered the establishment of the right to collateral security (hereinafter “instant right to collateral security”) of the obligor D and the maximum debt amount of KRW 70,000,000 on each of the instant real property.
C. In the Chuncheon District Court Young-gu C real estate auction case, on February 28, 2018, the above court prepared a distribution schedule that distributes KRW 70,00,000 to the Defendant and KRW 80,720,706 to the Plaintiff in the order of 5rd priority.
On February 28, 2018, the Plaintiff raised an objection against the total amount of dividends of the Defendant on the date of distribution of the said auction case, and filed the instant lawsuit on March 2, 2018.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 5, and 6, and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion that the Defendant lent money to J, which operated the Plaintiff Company I (hereinafter “I”), for the purpose of operating the said Company’s operating funds, etc. However, this is irrelevant to E, which is the wife of J.
After December 2009, E borrowed 50,000,000 won from the Defendant and set up the instant collateral security interest to secure this, and thereafter, E paid the Defendant the principal and interest of the above loan.
Therefore, since the secured debt of the instant auction case does not exist, the dividend table of the said auction case should be revised as stated in the purport of the claim.
B. The defendant's assertion that the defendant lent money over several occasions upon the request of the High-Friendly Job LaborJ and its wife, and the defendant received a certificate of borrowing KRW 865,300,000 from E and the J around December 6, 2009.