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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Attached Form
With respect to each real estate indicated in the list, the registration of creation of a mortgage was completed on September 1, 2009, the maximum debt amount of KRW 1.5 billion, the debtor F, the mortgagee G, and H (pre-name: I) with respect to each real estate recorded in the list by the Dongdaemun-gu Seoul East District Court, Gangnam District Court No. 5643,
(B) On April 20, 2016, the Plaintiff entered into a contract with H to take over the entire price of the instant right to collateral security at KRW 200 million (hereinafter “instant contract”). On May 9, 2016, the Plaintiff filed a provisional injunction order with the Seoul Eastern District Court 2016Kahap10149 on the ground that the provisional injunction was rendered on May 9, 2016. Accordingly, on the foregoing collective security, the registration of provisional injunction was completed on May 9, 2016 (hereinafter “instant provisional injunction”).
Of the instant right to collateral security, the registration of the transfer of the right to collateral security was completed on May 10, 2016 by the same Dong-dong registry office, No. 26141, May 2, 2016, with respect to the Defendant’s shares of H among the instant right to collateral security.
On the other hand, the registration of transfer of the right to collateral security was completed as of May 25, 2016, No. 29704, which was received on May 25, 2016 by the same registry office, on April 20, 2016.
Attached Form
On June 27, 2016, the decision on the voluntary auction (Seoul Eastern District Court E) was made upon the application of the creditor Han Bank Co., Ltd. on each real estate stated in the list, and the auction procedure was commenced.
On the date of distribution on February 24, 2017, the auction court prepared a distribution schedule to distribute the amount of KRW 289,211,930 (the distribution rate of KRW 38.56%, the amount of credit of KRW 750,00,00) to the Defendant, who is the mortgagee, as well as KRW 289,211,925 (the amount of credit of KRW 38.56%, the amount of credit of KRW 750,000) to the Plaintiff, who is the mortgagee, as well. On February 28, 2017, the Plaintiff raised an objection against the total amount of dividends of the Defendant, and filed the instant lawsuit on February 28, 2017.
[Reasons for Recognition]