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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. The Defendant: (a) lent 50 million won per annum to Karaba Group Co., Ltd. (hereinafter “Karaba Group”); (1) up to December 31 of the same year, the Defendant: (a) lent 500 million won per annum to Karaba Group on July 31, 2013 (30% per annum of delay damages); (b) a notarial deed of a monetary loan agreement stating the purport that “the payment of the principal and interest shall be delayed; (c) the payment of the principal and interest shall, as a matter of course, lose the benefit of time; and (d) even if compulsory execution is immediately conducted, no objection shall be raised; (b) the Defendant extended 30 million won per annum to Kaba Group on July 31, 2013 (30% per annum of damages); and (d) the Defendant immediately divided the principal and interest of the Kababa Group into two hundred and twenty million won per annum by the end of each month from June 30, 2014 to August 315.
(hereinafter “each notarial deed of this case”). (b)
On October 17, 2013, the Defendant filed an application for a compulsory auction on the corporeal movables owned by the Karaba Trine District Court 2013No1045 on October 17, 2013, and the execution officer of the said court seized the corporeal movables owned by the Karaba T on October 24, 2013.
(hereinafter the above auction procedure is "the auction procedure of the corporeal movables in this case", and the above seizure is "the seizure" of this case.
However, on October 31, 2013, the Plaintiff entered into a contract to establish a collateral security right with the content that the Plaintiff is the Plaintiff with respect to the crypt for camping, which is a part of the corporeal movables attached as above, as to the corporeal movables, as seen above, as to the instant corporeal movables, as well as the instant corporeal movables auction procedure. On November 11, 2013, the Plaintiff completed the registration to create a collateral security right for movable property (hereinafter referred to as “instant collateral security right”) under Article 4 of the receipt of the Chuncheon District Court’s receipt, and subsequently demanded a distribution based on the instant collateral security right during the instant corporeal movables auction procedure on November 13, 2013.