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1. The plaintiff's conjunctive claim among the lawsuit of this case is dismissed.
2. The plaintiff's main claim is dismissed.
3...
Reasons
1. Basic facts
A. Establishment of a right to collateral security and proceeding for compulsory auction 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Bade Co., Ltd.
(1) On November 5, 2007, 195,000,000 won with joint collateral and only one bank (hereinafter “one bank”) holding the right to collateral security.
(2) The debtor corporation Badrid Co., Ltd. (hereinafter “Badrid”)
2) Each registration of the establishment of the right to collateral security (hereinafter “instant 1-mortgage”) was made
(2) On April 21, 2009, the registration of the creation of the right to collateral security (hereinafter “the second right to collateral security”) with the maximum debt amount of KRW 743,052,70 on April 21, 2009, one bank for the person holding the right to collateral security (hereinafter “the second right to collateral security”) and the debtor, and the total sum of the first and second rights to collateral security (hereinafter “each right to collateral security”)
(2) On July 31, 2014, C, and D, a creditor of Badrid, filed an application for a compulsory auction on each of the instant real estate, and on November 17, 2014, C, and D applied for a voluntary auction on each of the instant real estate on which the Madler Loan Co., Ltd. (hereinafter “Madler Loan”) filed an application for a voluntary auction on each of the instant real estate on August 17, 2014, and the real estate auction procedure was commenced on August 8, 2014 and November 18, 2014.
(hereinafter “instant auction”). (b)
On November 27, 2014, the Han Bank transferred each of the instant secured claims to the Defendant. On December 5, 2014, the Defendant transferred each of the instant secured claims to the Defendant under the name of the Defendant. (ii) On March 30, 2015, the Defendant transferred each of the instant secured claims to the Beneficiary Loan with the right to rescission of trust, and on April 8, 2015, the additional registration of each of the instant secured claims was completed in the name of the right to rescission of trust.
3) In the process of acquiring each of the instant secured claims from the Defendant, as described in the foregoing paragraph (2), the Bank of Korea’s outstanding loan interest at KRW 5 billion from the Defendant to raise the acquisition price on March 27, 2015.