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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. On July 30, 201, the establishment registration of a neighboring mortgage (the table) was partially transferred on July 30, 201, the transfer amount of KRW 1.9 billion D8-2, the transfer amount of KRW 1.9 billion on July 30, 2012, to the obligor of the right to collateral security, which was the date of registration of priority registration number 8.2 billion E 1.3 billion on July 30, 2012, as to each of the land and buildings listed in the separate sheet owned by the Plaintiff of the Plaintiff of KRW 1.3 billion on April 18, 2013 (hereinafter “instant real estate”), and the establishment registration was completed as follows:
B. On March 14, 2014, F, a subordinate mortgagee of the instant real estate, filed an application for voluntary auction on the instant real estate on March 14, 2014, and the procedure of voluntary auction commenced. F, upon having participated in the auction (minimum sale price of KRW 3,386,937,90) and decided to permit the temporary auction on February 12, 2015, the Plaintiff filed an immediate appeal against the decision to permit the temporary auction on February 17, 2015.
C. On March 12, 2015, the Plaintiff concluded a sales contract with the Defendant on March 12, 2015, setting the sales amount of KRW 3.89 billion with respect to the instant real estate as KRW 3.89 billion (hereinafter “instant sales contract”).
(2) On June 17, 2015, E, who completed the additional registration of partial transfer of the right to collateral security regarding the instant real estate, filed an application for voluntary auction on the instant real estate, and the auction procedure was commenced. On April 27, 2016, the auction court issued an order to sell the instant real estate by setting the sale price of KRW 4,153,058,340 on May 12, 2016, the date of the first sale, the minimum sale price of KRW 4,153,058,340 on April 27, 2016, and the date of the second sale, as well as KRW 3,322,47,00.
3 The Plaintiff received KRW 1,361,00,000 in total, including down payment and intermediate payment, from the Defendant by August 4, 2015, and repaid the F with the entire secured claim of the right to collateral security on August 4, 2015.