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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. On October 30, 2008, G, the husband of the Plaintiff’s basic facts, completed the registration of ownership transfer after obtaining H apartment I (hereinafter “instant apartment”) from the Korea National Housing Corporation and completing the registration of ownership transfer by means of sale on October 20, 208. On the same day, G, the husband of the Plaintiff, completed the registration of ownership transfer by means of sale on October 20, 2008.
On March 15, 201, the Plaintiff entered into a lease agreement with J on KRW 42,00,000 with respect to the instant apartment, from March 15, 201 to 24 months from March 15, 2011 (hereinafter “instant lease agreement”), and received a fixed date on May 23, 201 after completing a move-in report on the same day.
Defendant C lent money to J on May 25, 201 and August 5, 2011, and deposited G as joint and several sureties. On May 25, 2011, Defendant C completed the registration of the establishment of a neighboring mortgage as the mortgagee C and the debtor J with respect to the instant apartment on May 25, 2011.
In order to secure a tax claim against K of the agricultural partnership, Defendant Hyeong-gun entered into a security agreement with J for tax payment and completed the registration of the establishment of a neighboring property that became K of the said apartment on March 2, 2016, with the maximum debt amount of KRW 174,00,000 with respect to the instant apartment.
On September 21, 2018, with respect to the apartment of this case, Suwon District Court Fro real estate auction procedure was commenced, and the plaintiff filed a report on the right and demand for distribution with the lessee of the apartment of this case in the above auction procedure.
On November 27, 2019, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes to creditors the amount of KRW 99,509,503, which is to be actually distributed, except for the Plaintiff’s dividends, as follows.
Distribution priority creditors (original claim creditors) 463,380 delivered 463,380 delivered 463,380 delivered 2 L unions 54,837,070 claimed 54,837,070 secured 34,40,000 secured 30,000 secured 188,068,52 secured 13,682 secured 13,682,682.