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1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence 1-4, Gap evidence 2, Eul evidence 3, Eul evidence 1-3, 5, 6, 8, 11, and 12, and there is no reflective evidence.
On January 31, 2013, 201, 101, 601, 201 (hereinafter “the apartment of this case”) acquired the ownership of the United States F (hereinafter “F”) with respect to the registration of creation of a mortgage with the maximum debt amount of KRW 324,00,000 against the Korea Exchange Bank, which was the mortgagee of the right to collateral security on February 8, 2013, the registration of creation of a mortgage with the maximum debt amount of KRW 100 million against the Defendant B was completed as of February 25, 2013.
B. As to the instant apartment as of July 10, 2013, the registration of attachment was completed when Ansan as of July 10, 2013, and the registration of provisional attachment was completed as of July 25, 2013 by the Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”)’s claim amounting to KRW 2,201,30,000, and the registration of provisional attachment was completed on August 23, 2013.
C. After that, Defendant Fund filed an application for compulsory auction regarding the instant apartment to Suwon District Court Ansan Branch C, and accordingly, the compulsory auction decision was rendered as of February 12, 2014. During that auction procedure, Korea Exchange Bank filed an application for voluntary auction on the instant apartment with the same support D, and accordingly, the voluntary auction decision on the instant apartment was rendered as of June 19, 2015.
After the decision to commence the auction was issued, the Plaintiff asserted that he was the lessee who leased two rooms from among the rooms of the apartment of this case to the above auction court, and applied for a report on the right and demand for distribution.
E. In the above auction procedure, the apartment of this case was sold at KRW 440,00,00,000, and the above court on December 22, 2015, the execution cost at KRW 475,991,902, including the deposit and interest on the above sale price.