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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. The establishment B of the right to collateral security on each of the instant land was set up on September 15, 2005, the first priority collective security right on September 15, 2005, and the second priority collective security right on December 29, 2005, with regard to the share of KRW 18,182/26,083, which is one of its own share, among the forest E 20,926 square meters and F 5,157 square meters of forest land (hereinafter “each of the instant lands”), in the Ssung-si, which was jointly owned by B, C, and D, and on December 29, 2005, the two priority collective security rights were set up for the maximum debt amount of KRW 130,000,000,000 for each of the instant lands.
(hereinafter “each of the instant mortgage”). B.
1) On December 15, 2005, the Minister of Construction and Transportation designated and publicly announced 2,587,00 square meters of Hdong Won as an I urban development zone, G, G on December 15, 2005. On December 13, 2007, the Ministry of Construction and Transportation announced the change of the urban development zone and the establishment of the development plan, and announced the detailed items, etc. of the land subject to expropriation. 2) After which each of the instant land was included in the aforementioned items of land, the instant association was issued the assignment order to the Defendant on February 13, 2009 based on the subrogation right under each of the instant collective security rights against B, the executor of the instant urban development project, based on the claim amount of KRW 320,319,138,00 as the claim amount, and was issued the assignment order to the Defendant under the Seoul East Eastern District Court No. 2009, Dec. 27, 2009 (hereinafter “instant assignment order”).
C. 1) On January 24, 2008, the Suwon District Court rendered a decision to commence the auction of each of the instant lands to N on the application of K, a collective security right holder, on January 24, 2008, upon the application of K on January 24, 2008, and on March 14, 2008, upon the application of M, a collective security right holder, as a collective security right holder (hereinafter “instant voluntary auction procedure”).
In the above auction procedure, O purchased the highest price for B’s shares among each land of this case, and on September 28, 2009.