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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 October 16, 2009, the Plaintiff entered into a credit insurance contract as the insured with respect to the loan of KRW 168,00,000 as collateral for the object of the lease contract (hereinafter “instant building”) listed in the separate sheet owned by B from the Seocho Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) (hereinafter “Seoul Agricultural Cooperative”).
B. B, on December 18, 2012, due to the delinquency in the payment of the above loan obligation, lost the benefit of January 17, 2013, and the Gyeongchip Agricultural Co., Ltd.:
On May 2, 2014, after the preparation of the distribution schedule under paragraph (1), filed a claim for the payment of insurance proceeds with the Plaintiff on August 13, 2014, and received insurance proceeds of KRW 13,629,519, and thereafter, the Plaintiff filed an order for payment with B to seek reimbursement of indemnity amount of KRW 16,22,860 and KRW 13,629,519 among the Plaintiff and KRW 13,629,519 from January 1, 2016 until the delivery date of the original payment order, and the above payment order became final and conclusive thereafter.
C. Meanwhile, on January 7, 2013, the Defendant entered into a lease agreement as indicated in the separate sheet (hereinafter “instant lease agreement”) with B; on February 5, 2013, the voluntary auction procedure (Seoul Southern District Court C) was commenced on the instant building; on March 13, 2014, after the instant building was sold to a third party on the date of distribution on April 29, 2014, the Defendant 20 million won as the first small lessee; on the date of distribution, the Yangcheon-gu Seoul Metropolitan Government Office issued the second priority collective security right; on March 130, 200, the distribution schedule was drafted with the content of receiving dividends of KRW 183,594,285 as the third collective security right; on March 5, 2013; on April 29, 2014, the amount of dividends of KRW 130,260 as the third collective security right holder; on March 30, 2014, the amount of dividends of KRW 2053637.45.7