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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Seoul Gangnam-gu Seoul Building 607 was initiated to sell the real estate auction procedure under this Court B with respect to the 607th floor of the 6th floor of the building in Gangnam-gu, Seoul, which is owned by the Plaintiff. On November 17, 2016, the distribution schedule was prepared to distribute the amount of KRW 49,562,548 to the Defendant on the date of distribution, and the fact that there was no dispute between the parties, or that there was no surplus remaining after the distribution is recognized in full view of the purport of the entire pleadings in each
2. Determination
A. The gist of the Plaintiff’s assertion ① The Plaintiff was sold out of Seongbuk-gu Seoul Metropolitan Government D apartment 102 Dong 2201 (the above apartment is trusted to a trust company, and the Plaintiff’s ownership is not transferred, and the disposal is in progress due to the occurrence of the circumstances in which the Plaintiff’s ownership is not transferred) with an intermediate payment loan from the Defendant, and the Defendant was given a loan of KRW 365,320,000. The Defendant was paid a dividend by participating in the auction procedure prior to
② According to the contract on the part payment loan agreement concluded between the Defendant and the contractor as seen earlier with respect to the sales business of D apartment units, if the buyer delays the repayment of the loan, the contractor and the contractor immediately cancel the sales contract and pay the down payment and the part payment to the Defendant for the repayment of the loan to the buyer, and the buyer and the contractor jointly and severally guaranteed the buyer’s part payment obligations to the Defendant. However, the Defendant failed to comply with the procedure for the collection of the loan stipulated in the above business agreement.
(3) In addition, the defendant is a beneficiary of the first priority under the real estate trust agreement for the above D apartment, and if the contractor or contractor is insolvent, the defendant may cancel the sales contract with the purchaser in subrogation of the above joint and several sureties, and dispose of the relevant apartment by selling it by public auction, and collect the claim.
④ Nevertheless, the Defendant is above.