beta
Text
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Facts of recognition;
A. The Selection C and D completed the registration of creation of a new mortgage on the five-story building on the land other than the Gunsan City F and the five-story building on December 29, 2006, which is owned by the E Co., Ltd. (hereinafter “E”), and completed the registration of creation of a new mortgage on the E.
B. On June 12, 2008, the Defendant completed the registration of the establishment of a neighboring mortgage on seven parcels of land owned by G, the actual manager of the said building and E, the maximum debt amount of KRW 3 billion, and the debtor E.
C. Meanwhile, with respect to the above building and land, the compulsory auction procedure and the discretionary auction procedure have been initiated several times, and in the case of the compulsory auction of real estate H, I, J (Joint), K (Joint), L, M (Joint) real estate in the Jeonju District Court’s Seoul District Court, which is the auction case, the court of execution prepared a distribution schedule with the content that: (a) on August 28, 2012, wages creditors, including N, including N, KRW 21,770,000, and (b) on the aforementioned distribution date, KRW 817,106,640, and KRW 1,590,607 for the Defendant, who is the mortgagee, the mortgagee, and KRW 817,106,640, and
Accordingly, the defendant filed a lawsuit of demurrer against N, Wage Creditor C, and D, and on June 19, 2014, the appellate court of Gwangju High Court (Seoul High Court), 2013Na1636, the appellate court of this case, "N, etc. demand for distribution is inappropriate as having lapsed the completion period for the demand for distribution, and D is merely the title of the right to collateral security, and is not a secured creditor of the above right to collateral security, and in fact is not a designated party C, the designated party C, on May 12, 2010, additionally lent KRW 90 million to E on May 12, 2010, included the amount of KRW 94,931,50,000, KRW 21,770,000, KRW 2000, KRW 306, KRW 306, KRW 4706, KRW 3016, KRW 17406, KRW 3015, KRW 17406, KRW 175,30745,0645, KRW 3016,7406.