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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 1, 201, the Plaintiff and the Defendant entered into a sales brokerage agreement with the Defendant on the amount of feed supplied to the Clean Co., Ltd. (hereinafter “clean Co., Ltd.”) from May 1, 201 with respect to the quantity of feed supplied to the Clean Co., Ltd. (hereinafter “clean Co., Ltd.”), and the Plaintiff and the Defendant entered into a sales brokerage agreement with the Plaintiff to provide claims necessary for clean transactions as a security to the Pampco separately by amount of credit and to take responsibility for the limit of the amount of claims (hereinafter “instant agreement”).
B. On May 25, 2011, pursuant to the instant agreement, the Plaintiff entered into a mortgage agreement with the Pampco on the land of Sejong Special Self-Governing City 1,544 square meters (hereinafter “instant land”). On May 27, 201, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “instant mortgage”) with the Defendant, the mortgagee, the Pampco, the maximum amount of debt, 120,000 won.
C. Pampco had a claim for the amount of KRW 387,480,760 for the clean fraternity. However, when the bill of KRW 320,00,000 which was paid from the clean fraternity was defaulted, Pampco filed an application for voluntary auction of the instant land based on the instant right to collateral security, and filed an application for voluntary auction on December 30, 2014 with the Daejeon District Court D and E (Dupl) (hereinafter “instant auction procedure”).
In the instant auction procedure, the instant land was sold on February 3, 2016. Of the amount of KRW 198,760,43 to be actually distributed on the date of distribution on March 3, 2016, KRW 120,000 was distributed to the applicant creditors and the mortgagee of the right to collateral security, and KRW 78,760,643 was distributed to the Central Livestock Feed Co., Ltd. in the second order.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 through 8, Eul evidence 4, the purport of the whole pleadings
2. The defendant alleged by the plaintiff.