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1. The part exceeding 60,000,000 won among the plaintiff's lawsuit of this case shall be dismissed.
2. The District Court C. C.
Reasons
1. Facts of recognition;
A. On July 3, 2012, the Plaintiff and D Co., Ltd. (hereinafter “D”) borrowed KRW 60,000,000 (hereinafter “the instant loan”).
B. On July 5, 2012, the Plaintiff concluded a mortgage establishment registration agreement with the Defendant and seven parcels (hereinafter “instant real estate”) with the Gyeonggi-do, Gyeonggi-do, with the maximum debt amount of KRW 90,00,00,00,000, the debtor, the Plaintiff, and the mortgagee as the Defendant, and completed the mortgage establishment registration (hereinafter “mortgage establishment registration”) on July 6, 2012.
C. On April 25, 2014, the Plaintiff’s creditor F filed an application for a voluntary auction of real estate C with the Jung-gu District Court on the instant real estate on April 25, 2014, and the decision on voluntary auction was made on May 14, 2014, and the auction procedure (hereinafter “instant auction procedure”).
Of KRW 371,209,401, which is to be actually distributed on the date of distribution progress on July 13, 2015 in the instant auction procedure, 3,565,520 won to the two main branch offices of the National Health Insurance Corporation, the holder of the right to deliver the right to collateral security, and 3,565,520 won to the two main branch offices of the National Health Insurance Corporation, the holder of the right to deliver the right to collateral security, with the first priority among KRW 371,209,401, which is to be actually distributed on the date of distribution, and KRW 45,344,223 won to the Bank, the holder of the right to collateral security, and KRW 2,10,000,000 to F, the holder of the right to claim collateral security, and KRW 90,520,3
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the dividends to the Korea Technology Credit Guarantee Fund for the lessee with respect to the size of 1,349 square meters prior to E among the instant real estate, and raised an objection against KRW 60,00,000 among the Defendant’s dividends.
On July 20, 2015, the Plaintiff filed a lawsuit of demurrer against distribution against the Defendant only.
F. On the other hand, the Plaintiff’s auction procedure of this case to the Defendant was conducted on January 23, 2013, and KRW 20 million on January 23, 2013, and on January 2013, 2013.