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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”);
2) The apartment of this case (hereinafter referred to as the “instant apartment”) No. 205, No. 1602, Co., Ltd. (hereinafter referred to as the “instant apartment”).
As follows, the establishment registration of two neighboring mortgage (hereinafter “each of the instant mortgage”) is subject to each of the following two mortgages:
(A) A) On August 21, 2007, 2007, 80941, which was received on August 21, 2007, 2007, (a) the government district court of Yangyang-dong District Court of the Republic of Korea, the establishment registration office of the establishment of a new government branch of the 264,000,000 won, (b) the establishment registration office of the 13 May 13, 2008, 32151, which was received on May 13, 2008, 36,000, the maximum debt amount of which was KRW 36,00,000, the establishment registration office of the new government branch of the Hayang-dong District Court of the Republic of Korea, applied for a voluntary auction on the apartment of this case, based on each of the instant collateral security, and the auction decision of the commencement of voluntary auction (hereinafter “voluntary auction decision”).
3) After the commencement of the instant auction procedure, SB Savings Bank Co., Ltd. completed the supplementary registration for the transfer of the right to collateral security under each of the instant collective security rights to the Defendant from the Bank of Korea, on April 18, 2014, with the filing date for the transfer of the confirmed claim under Article 26877, which was received on April 18, 2014, as the ground for registration. Meanwhile, the SB Savings Bank was merged with the Defendant and registered on October 31, 2014. (4) At the instant auction procedure, the UBS Savings Bank was merged with the Defendant, and the registration was completed on October 31, 2014. The UBS Savings Bank distributed the entire amount of KRW 228,124,038 to the Defendant, who is the creditor under each of the instant collective security rights, as the lessee under each of the instant collective security rights, and the Plaintiff claimed as the lessee under one of the instant apartment units, and excluded the distribution schedule from the distribution schedule (hereinafter referred to as “instant”).