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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 through 6, Gap evidence No. 8, Gap evidence No. 9, Gap evidence No. 10, Eul evidence No. 10, Eul evidence No. 2, and the purport of the whole pleadings.
On March 11, 201, the Plaintiff loaned KRW 490,000,00 to C, and additionally loaned KRW 300,000,000 to C on September 9, 201, as regards D forest land owned by Kimpo-si (current registration conversion and division, E forest land was 20,859 square meters in size; hereinafter “instant land”). As to D forest land owned by C, Kimpo-si, the Plaintiff completed the registration of creation of mortgage consisting of 638,00,000 square meters in maximum debt amount, and additionally loaned KRW 30,00,000 to C on September 9, 2011.
B. Upon C’s failure to repay loans to the Plaintiff, the Plaintiff applied for a voluntary auction on the instant land, etc. and received a ruling to commence auction on May 25, 2012.
Busan District Court Support for Deputy District Court
F. hereinafter referred to as “instant auction”
(c) As to the instant land, etc. on April 28, 2014, G: (a) the obligor and the maximum debt amount, 660,000,000; and (b) the right to collateral security (hereinafter “instant right to collateral security”).
(3) On November 25, 2014, the Defendant: (a) completed the registration of creation; and (b) on November 25, 2014, transferred the secured debt and the right to collateral security (hereinafter “transfer of the instant contract”).
(D) On the same day, the instant registration of creation of the right to collateral security was completed due to the transfer of the instant contract. On June 22, 2015, the Defendant was awarded a successful bid for the instant land, etc. at the instant auction, and on July 22, 2015, the distribution schedule was prepared to distribute C the surplus amount of KRW 83,51,843 to C. E. The Defendant regarding C’s claim for distribution of dividends payment of KRW 84,00,000 on August 5, 2015, with the claim amount of KRW 84,00,000 as the claim amount as the claim amount of the instant claim.
the same amount as C on August 10, 2015.