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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff completed the registration of the establishment of a collateral security on June 9, 2016, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned jointly by J, K, and Defendant C, or by J or L Co., Ltd. (hereinafter “L”), and with respect to each of the instant real estate (hereinafter “instant real estate”) or 50,000 won, among the real estate listed in the separate sheet (hereinafter “instant real estate”). According to the separate sheet, the Plaintiff completed the registration of the establishment of a collateral security on June 26, 2014, which was set as KRW 14,18 through 28,46, and KRW 750,000,00 for the Plaintiff, the debtor, the maximum debt amount, L, the maximum debt amount, KRW 350,000.
The case of application for auction of each real estate of this case was combined, and the sale of the real estate of this case was completed due to the progress of the auction procedure of Jeju District Court D, E, F,G, H, I (combined), and I (Consolidated).
(hereinafter “instant auction procedure”). Of KRW 7,759,131,421 which is to be actually distributed on December 22, 2017, the said auction court prepared a distribution schedule of KRW 509,79,798,056 [2] [393,131,386 won (Reasons; 26 June 26, 2014)] 116,66,670 won (Reasons; 294,167,242 won (Reasons as of June 9, 2016; 2,862,143,926 won) to the Plaintiff, the Defendant C prepared a distribution schedule of KRW 2,867,479 (Reasons; 4, March 4, 2015); 2,862,93,926 won [2,937,479 won (mortgage; 206,646,646,676,674, June 2016];
(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution of the instant case on December 22, 2017, and stated an objection against KRW 200 million out of the amount of distribution to Defendant B, the amount of distribution to Defendant C, and the amount of surplus funds, as to the instant distribution schedule, and filed the instant lawsuit on December 28, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, 10, Eul evidence Nos. 9, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), and the plaintiff's summary of the plaintiff's assertion as to the ground for claim as a whole.