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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 June 11, 1997, the Defendant is a company that manufactures and sells female clothing of the brand called 'Venus' and has a continuous goods transaction relationship with A’s operation. On June 1, 1997, the Defendant completed the registration of the establishment of mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-backed apartment No. 8,000,000 won with respect to the maximum amount of debt regarding the E apartment No. 603 (hereinafter “instant apartment”) owned by Chungcheongbuk-si, Da-si, Da-dong No. 8, 603 (hereinafter “instant apartment”).
B. Meanwhile, on the other hand, on December 15, 2000, F completed the registration of creation of a neighboring mortgage (hereinafter “second priority mortgage”) with respect to the instant apartment on the basis of the maximum debt amount of KRW 50,000,000, and the debtor C. Upon delay in repayment of the secured debt, C filed an application for voluntary auction based on the Cheongju District Court Support (hereinafter “auction Court”) on June 28, 2012. On the same day, the auction court rendered a decision to commence voluntary auction (the same court G; hereinafter “instant auction procedure”) on the same day.
H purchased the instant apartment at the instant auction procedure and paid the price in full on February 22, 2013.
C. On April 15, 2013, the auction court prepared a distribution schedule that distributes each of the dividends of KRW 40,000,000 to the Defendant, a senior mortgagee of the instant case, and KRW 50,000,00 to the Defendant, a creditor for auction and subordinate mortgagee, and KRW 4,781,189 to the Plaintiff (hereinafter “instant distribution schedule”), and the Plaintiff raised an objection to the distribution on the same day.
The Plaintiff filed a lawsuit of demurrer against the Defendant under the Cheongju District Court Decision 2013Da1705, Cheongju District Court Decision 2013, Nov. 13, 2013, the said court: (a) on the other hand, the obligation to pay for the goods to the Defendant of B as of February 22, 2013, as of April 16, 2013, constitutes KRW 22,482,30; and (b) on the other hand, the obligation to pay for the remaining goods to the Defendant of B as of April 16, 2013, at least KRW 19,918,384, out of the said obligation, shall be deemed to have been repaid.