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1. The counterclaim of this case shall be dismissed.
2. On September 25, 2013, the court below held the auction of the real estate held in this Court.
Reasons
1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);
A. On December 31, 1996, the Plaintiff received the ownership transfer registration (hereinafter “instant ownership transfer registration”) from Suwon District Court No. 35880, Dec. 31, 1996, with respect to the land of 9,049 square meters (hereinafter “instant real estate”) for the transfer of ownership, which was based on the sale on December 30, 1996, from Suwon District Court, Dongcheon District Court’s 9,049 square meters (hereinafter “instant real estate”).
B. Meanwhile, prior to the Plaintiff’s receipt of the registration of the instant real estate on March 4, 1992, Suwon District Court: (a) No. 4659, the Suwon District Court rendered a 480,00,000 won with the maximum debt amount of 480,00,000, the debtor V, W, X, and T (the above debtor is each owner of the instant real estate owned by T on or before April 21, 1994; hereinafter “relevant debtor”); (b) the mortgagee, the mortgagee, the mortgagee, the Defendant E, E, B, the Defendant (Counterclaim Plaintiff); (c) the establishment registration of the instant real estate (hereinafter “the creation registration of the first neighboring mortgage”) with the Suwon District Court’s registry No. 19831, Aug. 3, 1995; and (d) the establishment registration of each of the instant real estate was completed by adding the maximum debt amount of 500,000,000 won to the obligor, and the Defendant NBB, each of the instant.
C. On May 3, 2012, Defendant L filed an application for commencement of an auction of real estate with R of this Court on May 3, 2012 based on the instant second collateral mortgage, and received a decision to commence the auction of real estate from this Court on May 4, 2012.
In the above auction procedure, KRW 922,318,779, to be distributed on the date of open distribution on September 25, 2013, is to be distributed to the network B, KRW 80,000,000, KRW 80,000 to the Defendant E, KRW 80,000 to the network F, KRW 80,000 to the Defendant (Lessee), KRW 80,000,00 to the Defendant J, KRW 80,000 to the Defendant J, KRW 80,000,00 to the network S, and KRW 80,00,000 to the network S, and KRW 442,318,779 to the Defendant L on the basis of the registration of establishment of a mortgage on the second part of the instant case.