beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Masan Agricultural Cooperative Co., Ltd. (hereinafter “the instant apartment”) owned by Da (B) and 1205 (hereinafter “the instant apartment”) in Gyeyang-gu, Mayang-gu, 102 Dong 1205 (hereinafter “the instant apartment”).
(1) On July 12, 2004, the establishment registration of a neighboring mortgage (hereinafter “first collateral security”) consisting of a maximum debt amount of KRW 120,000,000 as of July 13, 200, which was received on July 13, 2004 from the Suwon District Court, as the receipt of the No. 70700, supra.
(2) On April 19, 2005, the registration of creation of a mortgage (hereinafter “second-mortgage”) consisting of the maximum debt amount, No. 34762, Apr. 20, 2005, which is 66,000,000, shall be deemed as the registration of creation of a mortgage (hereinafter “second-mortgage”).
(2) On May 4, 2011, the Defendant completed the registration of creation of a mortgage (hereinafter “third-mortgage”) around the maximum debt amount, which is KRW 120,000,000, out of the maximum debt amount, under No. 31566 on the same day, on the ground of a contract to establish the instant apartment.
3) On November 29, 2013, the Gwanak Agricultural Cooperative transferred the claim secured by the right to collateral security with the first and second collateral security to the property management company, and accordingly the registration of the transfer of the right to collateral security was completed on December 19, 2013. (B) The Plaintiff was the owner of the instant apartment. The Plaintiff was written by C as of April 30, 2012, indicating that the Plaintiff leased one of the instant apartment units as of 20,000,000, and 24 months as of the date on which the lease agreement was formulated.
(C) On March 20, 2013, the Plaintiff completed a move-in report for the instant apartment on March 20, 2013, and obtained a fixed date on the said lease agreement on the 21st day following the following day. C. The Defendant’s property management company applied for a voluntary auction of the instant apartment on the basis of the first and second collateral security, and on February 20, 2014, the Defendant voluntarily decided to commence the auction of the instant apartment on February 20, 2014.