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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 May 30, 2014, the Bank completed the registration of establishment of first priority collateral security (hereinafter “instant collateral security”) with respect to the instant building No. 401 (hereinafter “instant real estate”) owned by C, the maximum debt amount of KRW 145,200,000,00 to C on May 30, 204, with a maturity of less than three months, with a maturity of KRW 8%, interest fluctuation rate of KRW 32 million, and delay delay rate of less than three months, the interest rate of KRW 9% in the event of delinquency, and KRW 17% in the event of arrears for more than three months, and the highest delay delay interest rate of KRW 132 million (hereinafter “instant lease”).
B. On October 2, 2014, E completed the registration of the establishment of a mortgage on the instant real estate by means of the maximum debt amount of KRW 48 million, the debtor C, the mortgagee E, and the mortgagee E, and on August 18, 2015, the Plaintiff completed the registration of the establishment of a mortgage on August 11, 2015.
C. The Plaintiff filed an application for voluntary auction against the instant real estate with the Seoul Northern District Court B, and accordingly, on May 8, 2017, the procedure for voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated and continued.
On June 15, 2017, the Plaintiff repaid the total amount of KRW 125,214,410 of the principal of the instant loan debt, interest and delay damages, KRW 126,987,52,00,00,000,000 for total of KRW 1,773,142,00,000,000,000,0000. On the same day, the Plaintiff completed the additional registration of the right to collateral security before the establishment of the instant loan due to subrogation of the claim. The rate
E. On June 15, 2017, the Plaintiff transferred all the security rights and secured claims, etc. owned by the Plaintiff to the Defendant regarding the instant real estate. Accordingly, the Defendant completed the supplementary registration prior to the establishment registration of the instant real estate due to the transfer of finalized claims on the same day, while the Defendant completed the supplementary registration prior to the establishment registration on the same day.