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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. The establishment registration of a neighboring mortgage was completed with respect to C/C forest 584,713 square meters (hereinafter “the instant real estate”). The establishment registration was completed due to the contract concluded on March 30, 2007 on March 30, 2007, with the maximum debt amount of KRW 1,716,00,000, the debtor D, E, and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), and the establishment registration was completed (No. 14275, hereinafter “the instant first priority mortgage”). The establishment registration was completed on March 30, 2007, with the maximum debt amount of KRW 1,30,000,000,000, the debtor F/C and the National Bank of Korea on March 30, 2007, the establishment registration was completed on the ground of the contract concluded on March 30, 2007 (hereinafter “the maximum debt amount of KRW 201,2016,2000,27”).
B. In carrying out each loan to F and D and E around 2007, the National Bank concluded a mortgage contract on the instant real estate with F, D, and E by making the current and future loans, interest, discount fees, guarantee fees, overdue interests, etc. on the said loan to F as the secured claim (hereinafter referred to as “mortgage on F,” and entered into a mortgage contract on the instant real estate with D, E as the secured claim. Under the above contract, the debtor completed the registration of the establishment of a neighboring mortgage on the instant real estate as described in paragraph (a).
C. As F did not pay interest on the above loans, the National Bank applied for the commencement of voluntary auction of the instant real estate on the basis of the right to collateral security established by the debtor F with the Jung-gu District Court as F (U.S. District Court A), and the said court issued a decision to commence voluntary auction on November 27, 2015.
(The auction procedure commenced by the above ruling is referred to as the "instant auction procedure."