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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On April 28, 2009, the Defendant lent to C a loan of KRW 100 million (hereinafter “instant loan”) with interest rate of KRW 2% and due date of repayment on December 25, 2009, and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) with the Seoul Western District Court registry No. 14645, Apr. 29, 2009, the maximum debt amount of KRW 10,000 for the first floor moving to D buildings owned by C (hereinafter “instant real estate”).
B. On October 16, 2013, the Defendant applied for a discretionary auction of real estate regarding the instant real estate, and on October 17, 2013, the Seoul Western District Court E in Seoul Western District Court rendered a decision to commence the auction of real estate (hereinafter “instant auction procedure”).
At the time of application for the auction of real estate rent, the defendant made the principal amount as KRW 100 million.
C. On May 27, 2015, the Plaintiff and F Co., Ltd. (hereinafter “F”) representative G entered into a contract with the Defendant to acquire the instant loan claim amounting to KRW 91 million, and on the same day, the Defendant notified C of the transfer of the instant loan claim.
On May 28, 2015, the Plaintiff and F have completed the supplementary registration before the instant right to collateral security, which was based on the transfer of final claim.
In the instant real estate auction procedure, on September 17, 2015, the said court drafted a distribution schedule that distributes the amount of KRW 276 million to the National Bank of Korea (the mortgagee), the second Plaintiff and the F Co., Ltd. (the applicant obligee), the third H (the mortgagee) to KRW 58,795,391.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Plaintiff and F (hereinafter “Plaintiff, etc.”) could not receive only KRW 100 million during the procedure of the auction of the real estate in question, because the Defendant, at the time of applying for the auction of the real estate in question, stated only KRW 100 million, the principal amount of the claim.