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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 23, 2005, the Defendant received a provisional attachment order of KRW 25,500,000 from the Seoul Central District Court 2005Kadan42692 on February 25, 2005 and completed the provisional attachment registration on February 25, 2005.
B. On August 27, 2010, E completed the registration of creation of a mortgage on each of the instant real property, which was the maximum debt amount of 112,00,000,000 won, the debtor, the plaintiff, and the mortgagee E. Based on the foregoing right to collateral security, E voluntarily filed an application for an auction on each of the instant real property with the Suwon District Court Branch B, and the said court rendered a voluntary decision to commence the auction on October 29, 2014.
C. On July 15, 2015, the auction court prepared a distribution schedule with respect to each of the instant real estate in order to distribute the amount of KRW 39,85,259 to the agricultural cooperative by a mortgagee, KRW 42,317,876 to Sejong Mutual Savings Bank, KRW 67,283,907 to the mortgagee E, KRW 1,49,970 to the branch offices of the National Health Insurance Corporation, and KRW 809,100 to the branch offices of the National Health Insurance Corporation by a holder of the right to deliver the said real estate, and KRW 11,954, KRW 23,928,921 to the Defendant by a person holding the right to provisional seizure (hereinafter “instant distribution schedule”). The Plaintiff raised an objection against KRW 12,420,158 out of the amount distributed by the Defendant on the date of distribution, and filed the instant lawsuit on July 22, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 3, and 5 evidence (including all branch numbers in the case of provisional number), the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Plaintiff’s cause of the instant claim is merely KRW 12,420,158, which was the result of the Plaintiff’s repayment to the Credit Counseling and Recovery Committee since 2005, and only KRW 23,928,921,921 to the Defendant, as of December 24, 2014, the amount of the distribution to the Defendant was 12,420,158.