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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 1, 2005, No. 15602 received on April 1, 2005, 100,000 won for maximum debt amount, and the registration of establishment of a neighboring mortgage C to the debtor, the defendant, and the mortgagee of the right to collateral security (hereinafter “instant land”).
(hereinafter “instant collateral security”). B.
C transferred the instant right to collateral security to Taesung Mutual Savings Bank on November 1, 2005, but transferred it again on August 10, 2006, and completed the supplementary registration of the transfer of collateral security (No. 48417, which was received on August 10, 2006) by the Daejeon District Court’s Busan District Court’s ASEAN Branch Office.
C. D and E, the creditor of C, received a seizure and collection order as to the instant collateral security claim, and subsequently received a voluntary decision to commence the auction on August 3, 2012.
In the above auction procedure, although the total amount of the proceeds was distributed to C, the seizure of C’s right to claim dividend payment was concurrent (D, E, in addition, the Plaintiff and C’s right to claim dividend payment was seized). Ultimately, the astronomical tax secretary, who is a tax claim, received all of the above money as a priority right holder.
On September 13, 2013, the Plaintiff received a seizure and collection order (Sacheon District Court Branch 2010Kadan26840, the Daejeon District Court Branch 2010Kadan26840, which issued a seizure and collection order (Sacheon Branch 2013TY 201; hereinafter “instant seizure collection order”) with the claim amounting to KRW 88,148,821 against the Defendant in the instant case against the Defendant.
The instant collection order was served on October 21, 2013 on the Defendant, and the Defendant appealed against it, but the appeal was dismissed on February 13, 2014, and became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap 1-3, 5 evidence, Eul 1, 5, 7-9 evidence (including additional number), the purport of the whole pleadings
2. The parties' assertion
A. The defendant 100,000,000 won against C.