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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 January 6, 2011, the Plaintiff lent KRW 350,000,00 to Taean Construction Co., Ltd., and on the same day, to secure this, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 525,00,00 with respect to the Gyeonggi-si Co., Ltd and the twenty-six parcels (hereinafter “instant real estate”).
B. The Plaintiff applied for the commencement of voluntary auction regarding the instant real estate, and rendered a voluntary decision on the commencement of auction on July 17, 2012.
Since then, the government agricultural cooperatives, which were the right to collateral security, filed an application for the commencement of voluntary auction on the instant real estate and continued the auction procedure.
[The auction procedure of this case hereinafter referred to as "the auction procedure of this case")].
1) On September 2, 2014, the 6th bidding date was set with the minimum sale price of KRW 1,596,358,000, which was the 1,596,358,000. (2) On September 2, 2014, the Plaintiff lent KRW 140,000 to the Defendant as a bidding price (a bid price). Accordingly, the Defendant paid KRW 204,00,000 in total to the Defendant’s money as a sale deposit amount, and filed a purchase report of KRW 2,040,000,000, which was the highest bidder.
3) In the instant auction procedure, the court decided on September 16, 2014 to grant a permit for sale on October 20, 2014. D. On October 15, 2014, the Plaintiff and the Defendant set the period for payment of the sale price as the period for payment. On October 15, 2014, regarding the instant auction procedure, the successful bidder: D2) successful bidder: Defendant 3: A KRW 2,00,000 (2,040,000,000) and details of the agreement, as follows:
1. Gap, at the same time, borrowed off the amount of KRW 00 million to Eul (the balance of the successful bid and the cost of carrying on the project); and
2. A borrowed to B one hundred million won as the down payment and awarded to B the contract deposit.
3. The balance shall be paid in 30 million won, one hundred million won, and two hundred billion won, respectively, and shall be completed.
4. A shall be KRW 30,000,000.