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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. The procedure for the auction of real estate rent (hereinafter “instant auction procedure”) was conducted in the Incheon District Court B with respect to the land size of 591m2 and its ground building and 10m2, Seo-gu, Incheon District Court (hereinafter “each of the instant real estate”) owned by C, and accordingly, each of the instant real estate was sold to F on February 25, 2015.
B. On April 1, 2015, the said auction court opened a date of distribution, and prepared a distribution schedule with the content that distributes KRW 2,625,414,621 as indicated below (hereinafter “instant distribution schedule”).
1. The amount of interest of KRW 2,252,652,584 on the principal of the Defendant 1’s interest of KRW 2,606,40,000,908,2663,728,492 2,00,014,621 interest on KRW 120,00,000 on the principal of the Plaintiff’s interest of KRW 2,252,652,584 on the principal of the Defendant 2,60,000,000,000
C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 360 million out of the amount of distribution to the Defendant, and filed the instant lawsuit on April 6, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Since the principal or interest of the claim against the Defendant in the instant dividend table asserted by the Plaintiff was excessively appropriated for the following reasons, the dividend amount against the Defendant in the instant dividend table ought to be revised as KRW 2,246,400,00, and the dividend amount to the Plaintiff as KRW 379,014,621, respectively.
① Although the principal of the Defendant’s loan claim against C is KRW 2,172,080,000 in total, the principal was overestimated as KRW 2,252,652,584 in the instant dividend table.
② The Defendant received interest from C during the instant auction procedure.
③ The interest calculated by applying the MOR (market procurement interest rate) among the Defendant’s loans to C is null and void since the obligation to explain the MOR (market procurement interest rate) to C by the National Federation of Fisheries Cooperatives (hereinafter “the Suhyup Bank”).
(b).