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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that on November 13, 2009, the Plaintiff was awarded a successful bid for the land and building Dongjak-gu Seoul Metropolitan Government C (hereinafter “the instant real estate”) by voluntary auction with the Defendant’s recommendation and funding. After that, on February 28, 2013, the Defendant agreed to register the ownership of the instant real estate under the name of the Defendant on the condition that the Defendant assumed all obligations, such as the right to collateral security regarding the instant real estate, etc., but the Defendant did not accept and repay the obligations owed to Seoul Mutual Savings Bank (hereinafter “SB”), a senior collateral security obligation, the Defendant was awarded a successful bid for the instant real estate by the Nonparty bank upon filing an application for voluntary auction. The Nonparty bank requested a provisional attachment on the instant real estate owned by the Plaintiff in order to preserve the amount of the claim as to KRW 53,046,272, which was not paid the dividend amount, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to the said amount.
2. Determination
A. (i) On November 13, 2009, the Plaintiff completed the registration of ownership transfer due to a voluntary auction on the instant real estate, and on the same day, set the first priority collateral security, which amounts to 403,000,000 won for the non-party bank, the debtor, and the maximum debt amount.
B. On November 19, 201 of the same year, D, the debtor, the maximum debt amount of 150,000,000 was set up. On January 4, 2010, the third priority mortgage was set up, which was 225,00,000, for the defendant, the debtor, and the maximum debt amount of 150,000.
(1) On January 12, 201, Seocho-gu Seoul Metropolitan Government seized the instant real estate on January 12, 201 (tax 1 and 546); on April 4, 2011 (construction Traffic and 14479); on July 12, 2012, Dongjak-gu Seoul Metropolitan Government seized (tax 1 and 7835); on January 16, 2013 (tax 1 and 94); on March 2, 2012, E provisionally seizes the claim (Seoul Family Court 2012 business 30, 124,000,000), and F on March 2, 2013.