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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 21, 2003, the Hansan Saemaul Bank loaned a loan by setting the rate of KRW 185 million to the Defendant, a member of the credit cooperative, at 8% per annum, 22% per annum, 22% per annum, and 21 October 2008, which was the expiration date of the loan period.
(hereinafter referred to as the “instant loans”). (B) The claims arising from the loans granted by the Seosan Saemaul Bank to the Defendant as above.
On October 21, 2003, Nonparty B guaranteed the Defendant’s above loan obligations.
C. On October 16, 2003, the Defendant and B registered the establishment of a mortgage on each of the real estate owned by themselves as joint collateral for the claim for the loan of this case on October 16, 2003, with a maximum debt amount of KRW 240,500,000, as follows:
The order of voluntary auction was issued on June 15, 2004 upon the application of the Defendant Seosan Saemaul Bank Co., Ltd. for the voluntary auction of the Defendant Seosan Branch Co., Ltd. in the 1st century. On November 2, 2004, the application for commencement of auction was withdrawn on November 2, 2004. At the same time, the registration of the establishment of the neighboring mortgage was cancelled on the grounds of termination or partial renunciation. At the 2nd issue, the sale of real estate was made during the first auction procedure of FB4 in the 3th issue-si in the 2nd issue-si in the 3rd issue-si in the 2nd issue-si in the 2nd issue-si, the registration of the establishment of the neighboring apartment in the 5th issue-si, the 1st issue-
D. The instant claim for loans was transferred to the Federation of Korea Saemaul Savings Depository on May 14, 2008, and was transferred to the Plaintiff by the Federation of Korea Saemaul Savings Depository on April 18, 2014, and each of the instant claims assignment was notified to the Defendant around May 19, 2014.
E. However, on the basis of the right to collateral security against the principal debtor B, the Seosan Saemaul Bank filed an application for voluntary auction on G land, H land and each of its lands, and J apartments located in J in J in J in J in the mountain of Daejeon District Court, based on the right to collateral security against the loan claim against the principal debtor B as the secured obligation, and this objection is raised by the Seosan Saemaul Bank on October 4, 2007 in the procedure of voluntary auction commenced accordingly.