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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 February 11, 2012, C, the father of the Plaintiff, died (hereinafter “C”), and the Plaintiff, D, E, F, G, H, I, and J (hereinafter “Plaintiff, etc.”) jointly inherited the deceased’s property. On April 25, 2013, the Plaintiff, etc. filed a report on the inheritance approval with the Seoul Family Court on June 28, 2013, and accepted the said report under the said court’s 2013Ra3728.
B. On January 10, 2007, the registration of the establishment of a neighboring mortgage (hereinafter “mortgage of this case”) consisting of the debtor, the maximum debt amount of KRW 22,50,000, and the mortgagee L, which was owned by the deceased, was completed on January 10, 2007, with respect to the 9,917 square meters of K forest and Masung-gun, Masan-gun (hereinafter “instant real estate”).
C. On February 26, 2013, L completed the registration of ownership transfer by inheritance shares in subrogation of the Plaintiff, etc., who is the heir of the deceased, for the execution of the instant right to collateral security, and filed an application for the auction of real estate M with this court.
When the real estate in this case was awarded a successful bid in the above voluntary auction procedure on May 15, 2014, the court of execution prepared a distribution schedule to distribute each of the 408,606 won to L, who is the mortgagee of this case, in the first order among the 25,768,847 won to be actually distributed on the date of distribution open on May 15, 2014.
E. Accordingly, on May 21, 2014, the Plaintiff filed a lawsuit of demurrer against the distribution against L by this Court as the 2014Gadan24841, and the lawsuit of demurrer against the distribution was concluded on August 19, 2014 on the grounds that both parties did not appear on the date of pleading once.
F. On August 21, 2014, L filed an application with this court for the determination of the amount of litigation costs arising from the instant lawsuit of demurrer against distribution with the lower court. On December 3, 2014, the lower court rendered a decision that the Plaintiff would fix the amount of litigation costs that the Plaintiff would have to pay to L as KRW 1,668,750. Accordingly, the Plaintiff filed an appeal with the lower court under this Court No. 2014Ra640, Mar. 20, 2015.