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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 March 22, 2004, the Plaintiff borrowed KRW 490 million from the bank of Korea Co., Ltd. (hereinafter “Korea bank”), and completed the registration of creation of a mortgage over KRW 600 million with respect to the amount of KRW 30 million with respect to the amount of KRW 30,000,000,000 from the Seocho-si, Seocho-si, 2004 (hereinafter “instant real property”).
(hereinafter “instant collateral security claim”) against the Plaintiff of the Bank. B.
On August 23, 2012, the decision of compulsory commencement of auction was made on the instant real estate upon the application of the Plaintiff’s creditor, the Korea Workers’ Compensation & Welfare Corporation, and the Korea Bank, and the decision of voluntary commencement of auction was made on March 5, 2013, and the auction of real estate was proceeding B and C (Du)
C. The Defendant acquired the claim against the Plaintiff from our bank, and submitted to the auction court a statement of claim statement that the Defendant had the claim amounting to KRW 490,00,00,00 for principal, KRW 3378,460 for provisional payment, overdue interest amounting to KRW 27,060 for the period of application for voluntary auction, KRW 27,060 for overdue interest from the date of application for voluntary auction, and KRW 116,848,219 for overdue interest from July 21, 2014, KRW 637,287,029 for overdue interest from the date of application for voluntary auction.
On July 21, 2014, the auction court distributed KRW 7,954,620 to the defendant, who is the mortgagee and the mortgagee, at the beginning of the time when the person having the right to deliver the distribution date, in the second second priority, and distributes KRW 8,765,480 to the defendant, who is the mortgagee and the mortgagee, the second priority, and distributes KRW 8,765,480 to the original branch of the National Health Insurance Corporation, which is the holder of the right to deliver the third priority, KRW 40 million to E, the mortgagee, and KRW 164,130 to the initial branch of the National Health Insurance Corporation, which is the holder of the right to deliver, and distributes KRW 100,00 to F, who is the holder of the right to demand distribution, in the fourth priority, and distributes KRW 28,131,91 to the defendant
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends to the Defendant. On July 28, 2014, the period between seven days and seven days thereafter, filed a lawsuit of demurrer against the Defendant in this court.