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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. The Plaintiff and the Defendant’s financial transaction relationship and establishment1 of the right to collateral security) are as follows: ① on October 18, 2006; ② on January 30, 2007; ③ on March 20, 2009; ④ on October 30, 2009; ⑤ on September 30, 2010; ⑤ on March 31, 2011; ② on April 26, 2011; ② on October 17, 2011; ② on January 9, 2012; ② on January 22, 2012; ② on July 20, 2009; and on March 14, 2013; and ② on March 31, 2011: on April 26, 2011; and on October 17, 2011; and on January 9, 2012; and on January 21, 2012>
(2) As to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by the Plaintiff for securing the loan of this case, the Plaintiff completed, on November 24, 201, the registration of the establishment of a mortgage over the debtor as the Plaintiff, the creditor, the defendant, and the maximum debt amount of the loan amount of KRW 100,000,000, under Article 37588 of the same registry office on July 27, 2015, the registration of the establishment of a mortgage over the debtor as the Plaintiff, the creditor, the defendant, and the maximum debt amount of KRW 380,000,000, respectively, as of November 24, 2011.
(2) The mortgage of the above paragraph (1) is referred to as "the first collateral security of this case" and the second collateral security of this case is referred to as "the second collateral security of this case" and each of the above collateral security is referred to as "the second collateral security of this case".
The Defendant filed an application for voluntary auction with the Suwon District Court Branch C regarding each of the instant real estate based on each of the instant collective security rights, and rendered a voluntary decision to commence voluntary auction on September 8, 2015 (hereinafter “instant auction procedure”). The instant real estate was deemed to have been subject to voluntary decision to commence auction (hereinafter “instant auction procedure”).
(2) In the instant auction procedure, each of the instant real estate was sold to a third party on May 18, 2016, and the auction court held on May 18, 2016, the Plaintiff on May 18, 2016, which was the date of distribution, KRW 100,000 as the fourth mortgagee (the instant first mortgagee), and KRW 380,00,000 as the third mortgagee (the instant second mortgagee), respectively.