beta
Text
1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The status of the parties ① The Plaintiff (Appointed Party A) (hereinafter “Plaintiff A”) is a creditor who a notary public holds a loan claim amounting to KRW 80 million based on the authentic deed of a monetary loan agreement No. 1450, 2012 against C.
② The appointed party B (hereinafter Plaintiff B) is a creditor who has a claim for a loan of KRW 70 million based on the authentic deed of a monetary loan agreement No. 1454, 2012, as a notary public, against C.
③ The debtors of Plaintiff A and B are the creditors of the right to collateral security, who received the registration of collateral security as of September 5, 2012, with respect to the claim for which the registration of collateral security was made with the real estate for the purpose of using the amount of 33,025 square meters (hereinafter “instant real estate”) of D forest land in the Gyeonggi-do, the Gyeonggi-do, the Gyeonggi-do, the Busan-do, the Agricultural Partnership Corporation, as the obligor of the Plaintiff, as the collateral security (hereinafter “mortgage-mortgage claim of this case”), as of October 19, 2010, the maximum debt amount of which was registered.
④ On July 2, 2014, E is a creditor of the right to collateral security, a part of which was transferred by C, and the registration of partial transfer was completed as of July 3, 2014.
B. On August 29, 2013, C filed an application for the commencement of voluntary auction on the instant real estate with the Defendant’s right to collateral security (hereinafter “instant auction procedure”) and filed an application for the commencement of voluntary auction with Sungwon District Court F for Sungnam Branch of the Suwon District Court on August 30, 2013, the decision to commence voluntary auction on the instant real estate was rendered on August 30, 2013.
C. On April 28, 2014, when the auction procedure of the instant case was in progress upon the Plaintiff A and B’s application, the Seoul Northern District Court 2014TTTT No. 8193 (Plaintiff B and claim amount KRW 70 million) and the court 2014TT8194 (Plaintiff A and claim amount KRW 80 million) were issued with respect to the instant secured mortgage claim, respectively. The above order was issued on May 29, 2014.