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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 11, 201, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 80,000,000 with respect to each real estate indicated in the attached list (hereinafter “instant mortgage”). On December 1, 2011, the Plaintiff cancelled the registration of the establishment of a neighboring mortgage of KRW 45,000 with respect to each real estate indicated in the attached list, and completed the registration of the establishment of a neighboring mortgage of KRW 45,000 with respect to each real estate on June 13, 2012.
(2) On October 22, 2011, the Defendant entered into a lease agreement with E to lease all the second floor households (hereinafter “instant housing”) of the real estate listed in the attached Table No. 3 of the attached Table No. 3 (hereinafter “instant mortgage”). The Defendant agreed to pay the down payment amount of KRW 20 million on the date of the contract, and the remainder amount of KRW 80 million on November 24, 201, to pay the remainder on November 24, 2011. The Plaintiff’s right to collateral security (the maximum bond amount of KRW 80,000) established on the said real estate as stipulated in the attached Table No. 3 was cancelled on the outstanding payment date.
(hereinafter “instant lease agreement”). The Defendant obtained a fixed date on November 24, 201 from the lease agreement, and the instant house was transferred on the same day and completed the move-in report.
In the Changwon District Court B real estate auction, C (combined) real estate auction, D (Dual) real estate auction procedure (hereinafter “instant auction procedure”) with respect to real estate listed in the attached list E owned by the debtor and owner E, the above court prepared a distribution schedule with the content that the above court distributes 409,098,804 won to the plaintiff and the defendant, etc., after deducting execution expenses from the proceeds of sale (including interest) on February 13, 2015.
The priority creditor's amount of credit (the maximum amount of credit) shall be KRW 70,596,180, 70, 70,596,180, 100, 100, 337,357,642, 286,00,000 (286,00,000,000), which is the mortgagee of the right to collateral security (286,00,000) and KRW 37,16,000,000, 37.17% of the amount of the tenant (the fixed date).