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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 9, 2007, the Plaintiff’s right to collateral security (hereinafter “instant land”) registered the establishment of the right to collateral security (hereinafter “the right to collateral security”) with respect to Pyeongtaek-si E, Pyeongtaek-si, 98.5 square meters (hereinafter “the instant land”). On February 4, 2009, the building on the instant land (hereinafter “the instant building”) provided the right to collateral security (hereinafter “the instant right to collateral security”) as joint collateral, and on February 2, 2009, the registration of establishment of the right to collateral security (hereinafter “the instant right to collateral security”) was completed on February 4, 2009 with respect to the instant land and building, the right to collateral security (hereinafter “the instant right to collateral security”) was completed on February 4, 2009.
3) On the other hand, on July 23, 2014, the supplementary registration of the transfer of each right to collateral security was completed with respect to the instant land and building on July 23, 2014, and the supplementary registration of each right to collateral security (the instant first right to collateral security) was completed, which is the debtor, the debtor, the credit amount of KRW 14 million (the instant first right to collateral security) and KRW 210 million (the instant second right to collateral security). (B) On the commencement and progress of the auction procedure, with respect to the instant land and building, Han L&C Partnership Loan Co., Ltd applied for a compulsory sale of the instant land and building to Suwon District Court Suwon District Court C on March 5, 2014, the entry of the decision to commence the auction procedure was completed on March 5, 2014, and it was completed in duplicate on July 9, 2014.
2) In the above auction case, the court of auction shall distribute KRW 14 million to the Defendant, among KRW 224,927,177, which deducts the sales price and the expenses for enforcement from its interest on November 12, 2014, and KRW 726,60 to the Defendant, and KRW 726,60,00 to the sports dentist’s Credit Union, which is the pledgee of the right to collateral security (the pertinent tax-related taxi, KRW 210,200,577, respectively).