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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 12, 2007, in order to secure the claim for the principal and interest of loan against D, the National Bank of Korea (hereinafter “the instant real estate”) obtained, from D on December 12, 2007, the registration of creation of a mortgage over KRW 9770,240,000 of the maximum debt amount with respect to the sixth E-S. E-U.S. building (hereinafter “instant real estate”) was initiated on April 22, 201 at the request of the National Bank of Korea.
(F) The auction of this case (hereinafter referred to as "the auction of this case") by the Incheon District Court F.
On the other hand, Defendant B limited liability company (hereinafter “Defendant Company”) acquired the above collateral security claims from the National Bank of Korea, and entered into a contract on July 13, 2012 with the Plaintiff on the acquisition of some of the following claims:
(A) No. 1-1 and 1 of the instant contract (hereinafter “instant contract”). The Defendant Company shall transfer to the Plaintiff the Plaintiff the principal and interest of the loan amount of KRW 917,835,109 (as of July 13, 2012), KRW 450 million, out of KRW 917,835,109 (as of July 13, 2012). (2) The Plaintiff shall file a report on the purchase of KRW 910,000,000 in the name of “AB Korea” on the date of sale on August 9, 2012 of the instant auction procedure.
3) In the event that the Plaintiff completely pays the successful bid price after receiving a successful bid for the instant real estate in the instant auction procedure, the Defendant Company transferred the part of KRW 450 million out of the foregoing right to collateral security to the Defendant Company. (4) The Plaintiff shall be paid KRW 450 million to the Defendant Company, but the down payment of KRW 450 million shall be paid at the time of the contract, and the remainder of KRW 45 million shall be recovered by receiving dividends from the Defendant Company during the instant auction procedure.
C. On July 13, 2012, the Plaintiff paid KRW 45 million to the Defendant Company. On August 9, 2012, the Plaintiff paid KRW 260,891,200 to the auction court of this case under the name of Aluriba Korea Co., Ltd., and reported the purchase of KRW 91,00 million to the auction court of this case. The instant auction court of this case against Aluriba Korea Co., Ltd., the highest bidder on August 16, 2012.