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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽6, 10호증(가지번호 포함)의 각 기재, 변론 전체의 취지 (1) 전북 부안군 B 전 1,564㎡, C 전 1,256㎡, D 전 1,402㎡ 중 각 666/1,277 지분(이하 통틀어 ‘이 사건 부동산’)은 E의 소유인데, 2005. 7. 13. 위 각 지분에 관하여 근저당권자 ㈜싸이니티, 채무자 F, 채권최고액 385,000,000원으로 한 근저당권설정등기가 마쳐졌다.
(2) On February 16, 2015, the Defendant (hereinafter “instant joint stock company”) received a decision to seize and issue a collection order with regard to the collateral security claims, which indicate the collateral security claims to be seized and collected, as follows, under the Suwon District Court’s Ansan-si 2015TT2280, Suwon District Court, the debtor and third obligor E, claims amounting to 3,167,248,376, and the collateral security claims to be seized and collected. On April 6, 2015, the Defendant completed the registration of seizure of collateral security claims.
(2) On July 7, 2015, at the Defendant’s request, a voluntary decision to commence the auction was rendered by the creditor, the debtor F, and the owner E in the previous District Court Support G case (hereinafter “instant auction case”).
(3) On September 24, 2015, the Plaintiff was issued a decision to seize and collect the collateral security claims with the amount of KRW 1,90,041, and the registration of the seizure of the collateral security claims was completed on January 4, 2016.
(4) In the instant auction case, on May 12, 2016, a distribution schedule was formulated with the content that the sales price of the instant real estate, which is KRW 59,780,163, the total amount to be distributed, among the sales price of the instant real estate, shall be distributed to the Dispute Resolution Bank.
(5) On May 12, 2016, the Plaintiff filed an objection to the total amount of dividends to the Plaintiff, at the date of distribution in the instant auction case, on the date of distribution, and filed a lawsuit of demurrer to the distribution under the Jeonju District District Branch Support 2016Kadan1784. The Plaintiff participated in the said lawsuit for the said purpose.
(6) On January 12, 2017, the foregoing court rendered a judgment dismissing the claim on the ground of the concurrence of seizure of collateral security rights.