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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 following registration was completed with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff.
On February 5, 2014, 2014, on the date of receipt of the registration date, the right holder of the right to the provisional attachment and other non-fixed provisional attachment: (a) KRW 75 million; (b) a creditor C’s claim for the provisional attachment decision of the Seoul Central District Court on March 31, 2008; and (c) a contract establishing the provisional attachment right of this case, which is KRW 540 million with the maximum debt amount on March 31, 2008; and (d) a creditor D, the debtor, the mortgagee of the first secured mortgage of this case, Co.,, Ltd., Ltd., the debtor of this case, the debtor of the non-mortgage of KRW 325 million with the maximum debt amount on March 31, 2008; and (b) a contract establishing the second secured mortgage of this case, Plaintiff D, the debtor of this case, Co., Ltd., Ltd. on November 30, 2009.
B. The following registration was completed with respect to the buildings listed in [Attachment List No. 2]
Attachment on July 7, 2014, July 22, 2014, of the National Health Insurance Corporation attachment No. 1 of the National Health Insurance Corporation on July 7, 2014 on the date of receipt of the registration purpose, the holder of the right to the ground for registration, and other matters, and on January 22, 2015, the attachment No. 2 of the Seocho-gu Seoul Metropolitan Government, the attachment right holder.
C. On April 28, 2015, the procedure of voluntary auction was initiated to the Seoul Central District Court F with respect to the instant real estate (hereinafter “instant auction case”).
After filing an objection to the decision of permission for sale, the Plaintiff entered into a sales contract with G and H (hereinafter “instant buyers”) on May 14, 2015 to sell the instant real estate (hereinafter “instant sales contract”) with the instant buyers, as follows. The Defendant is a licensed real estate agent who arranged the instant sales contract with the name of “I Licensed Real Estate Agent Office”.
Sales amount: 1.1 billion won (contract amount: KRW 110 million; any balance: KRW 990 million); or a seller under Article 6 (Non-performance of Obligations and Compensation for Damages).