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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit with the Daejeon District Court Decision 2016Ga2125 to claim the remainder, etc. of the sales contract for the Republic of Korea G, H land and its ground building, and the Defendant received a judgment from the said court on February 7, 2017 that “F and E jointly and severally with the Defendant for KRW 146,876,030 and KRW 96,856,603 from September 8, 2015, KRW 50,019,427 from June 29, 2016 to February 7, 2017, and KRW 15% per annum from the next day to the date of full payment” (hereinafter “instant sales price”).
(2) Although F and E appealed from the instant sales price (Seoul District Court Decision 2017Na1743), the lower judgment was rendered on October 25, 2017, and the F and E’s final appeal was dismissed on January 31, 2018 (Supreme Court Decision 2017Da52187), and the said judgment became final and conclusive.
B. E’s establishment of collateral security right 1) On the other hand, E is a building of 46 square meters in Dong-gu, Dong-gu, Dong-gu, Dong-gu and 50 square meters in size prior to J, and 691 square meters in K, and three floors in the ground reinforced concrete building (the land and buildings in the above three lots are all referred to as “instant real estate”).
(2) On September 26, 2016, the Daejeon District Court: (a) concluded a mortgage agreement with the Plaintiff to provide the instant real estate as collateral (hereinafter “instant mortgage agreement”); (b) concluded a mortgage agreement with the Daejeon District Court’s Branch Branch Branch Branch of the Daejeon District Court’s 86987, which was the maximum debt amount of KRW 403,00,000; (c) and (d) with the obligor, the mortgagee; and (d) E, with the maturity of KRW 180,00,000 from the Plaintiff on September 2016, 2016; and (e) concluded a mortgage agreement with the Plaintiff to provide the instant real estate as collateral (hereinafter “instant mortgage agreement”); (e) KRW 234,00,000; and (e) KRW 86988, Sept. 26, 2016, the maximum debt amount of KRW 234,000,000; and (e) the debtor and the Plaintiff who was the Nonparty E (hereinafter “instant”).
C. The defendant's request for auction and application.