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1. The plaintiff's main claim is dismissed.
2. As to the real estate stated in the separate sheet between the Defendant and B, May 2014.
Reasons
1. Facts of recognition;
A. B approved that the basic terms and conditions of credit transaction apply on July 26, 2006, and received a loan of KRW 267 million and KRW 95 million in total from the Plaintiff.
B. On July 25, 2006, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the real estate listed in the separate sheet owned by B (hereinafter “the apartment of this case”) on July 25, 2006, including the maximum debt amount of KRW 470 million, and the debtor B.
(hereinafter referred to as the “mortgage”) C.
B delayed repayment of the principal and interest of the instant apartment, the Plaintiff applied for the commencement of voluntary auction of the instant apartment to Suwon District Court C based on the instant collateral security, and the said court rendered a voluntary decision to commence auction on August 4, 2014.
(hereinafter referred to as the “instant auction procedure”. D.
In the auction procedure of this case, the Plaintiff reported the secured debt of this case to KRW 437,262,456 on the basis of the total of KRW 382,085,766 and interest KRW 55,176,690.
E. On October 8, 2014, the Defendant concluded a lease contract with the term of KRW 15 million, monthly rent of KRW 250,000,000, and from May 7, 2014 to May 1, 2016, the lease contract was concluded between May 7, 2014 and May 7, 2016, and the move-in report and the fixed date was received on May 7, 2014, and the Defendant occupied the instant apartment on May 8, 2014.
F. On May 29, 2015, the auction court distributed KRW 259,198,049, which is to be actually distributed on the date of distribution, to KRW 12 million in the first order on the premise that the Defendant is a lessee of a small amount under the Housing Lease Protection Act, and distributed KRW 424,520 in the second order to the issuing authority (the pertinent tax), and drafted a distribution schedule that distributes KRW 246,773,529 in the third order to the Plaintiff of the applicant-creditor and the mortgagee.
G. The plaintiff appeared on the date of distribution and raised an objection to the full amount of the defendant's dividend.