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. On January 29, 2015, A (the Plaintiff before the lawsuit was filed, hereinafter the same shall apply) completed the registration of transfer of ownership on the F apartment G on the land, other than Suwon-gu, Suwon-si, and two parcels (hereinafter “instant real estate”).
B. Since then, regarding the instant real estate, the obligor: (a) with the obligor A and the mortgagee A as H Bank (hereinafter “H Bank”); (b) with the maximum debt amount of KRW 504,00,000 on April 4, 2016 (a) (the maximum debt amount of KRW 493,200,000 shall be changed to the maximum debt amount of KRW 493,200,000 on November 8, 2017); (b) with the maximum debt amount of KRW 108,00,000 on the same day; and (c) with the respective right to collateral security of KRW 24,00,000 on September 1, 2016 (hereinafter “each right to collateral security of this case”); and, individually, with the specific name, the registration of creation was completed in the order under paragraphs (1) through (3) above.
C. On May 16, 2018, H Bank applied for a voluntary auction on the instant real estate to D with the competent court based on each of the instant collective security rights, and on May 18, 2018, it received the auction procedure from the competent court (hereinafter “instant voluntary auction decision”). The instant auction procedure was conducted in overlap with the instant court KK compulsory auction application case where A’s creditor Co., Ltd. applied for a compulsory auction on the instant real estate.”
With respect to each of the instant mortgages, on May 30, 2018, the registration for the establishment of each of the instant mortgages (hereinafter “each of the instant mortgages”) with the mortgagee as I Co., Ltd. (hereinafter “I”) on the ground of the transfer of confirmed claims on May 30, 2018, and the maximum debt amount of each of the instant mortgages on the same day was the claim amount, and the maturity date was May 30, 2019; 6.5% per annum; 1% per annum; 2005% per annum; 30% per annum; 30% per annum; and 2005
E. On October 26, 2018, I had the real estate of this case at the instant auction procedure, 530,000.