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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. As shown in the attached Table No. 2-1, the distribution schedule was prepared to distribute 10,000,000 won to Defendant 1-B Co., Ltd. (hereinafter “Defendant 1”) who is the senior mortgagee, and 2,453,282, the remaining balance to Defendant 2-D (hereinafter “Defendant 2”), which is the next senior mortgagee, in the procedure of voluntary auction as to the purport of claim No. 4 K of Mapo-gu Seoul, Mapo-gu and J apartment on the ground of the first ground (hereinafter “instant real estate”).
Accordingly, the Plaintiff asserts that the amount of dividends against Defendant 1 and 2 should be deleted and distributed to the Plaintiff, the owner of the instant claim, on the ground that there is no secured debt of Defendant 1 and 2, who is the right to collateral security.
On the other hand, if the plaintiff denies the secured obligation of the right to collateral security, the Defendants, the mortgagee, must prove the existence of the secured obligation, and as seen next, the Plaintiff’s assertion is without merit.
2. As to the instant real estate owned by the Plaintiff on January 23, 2017, the establishment registration of a mortgage over KRW 110 million with respect to the Defendant’s instant real estate, which was held by the Plaintiff on January 23, 2017, was completed. This is recognized as established to secure the Plaintiff’s remainder of the purchase price against the Defendant, 110 million won with respect to the secured obligation. As such, the Plaintiff’s assertion premised on the existence of the secured obligation is without merit.
In other words, the instant real estate was owned by the Defendant for whom the ownership transfer registration has been made under the name of the Defendant on September 2016, and on November 24, 2016, the Defendant sold it to the Plaintiff on November 24, 2016, and the ownership transfer registration was made under the name of the Plaintiff on January 11, 2017.
The letter of undertaking of December 13, 2016 between Eul L and the plaintiff is about to June 30, 2017 for convenience to establish apartment loans between the owner L and the plaintiff of the borrower.