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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 November 25, 2005, the Plaintiff completed the registration of ownership transfer with respect to 2/3 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant co-ownership”). As to each of the instant co-ownership shares, the registration of creation of a collective security right under the name of the Defendant (hereinafter “instant collective security right”) was completed on December 14, 2016, with respect to the amount of maximum debt amount as KRW 100 million, the debtor D, and the grounds for registration, which is the contract concluded on December 14, 2016.
B. At the time of registering the creation of the neighboring mortgage, each of the instant co-ownership shares was registered under the name of the Special Metropolitan City District Court’s Full Registry No. 5600, May 19, 2016 (the maximum debt amount of 42 million won) and the debtor, E, and the grounds for registration, which was the contract concluded on May 17, 2016 (hereinafter “F Association”).
C. On May 10, 2017, the FF Union applied for the auction of real estate rent as the first mortgagee on each of the instant co-ownership as to the instant co-ownership, to Gwangju District Court, Gwangju District Court, Chungcheongnam-nam branch, and the Gwangju District Court accepted it and rendered a decision to commence the auction of real estate rent on May 11, 2017.
In the auction procedure of the above real estate, each of the instant co-ownership shares was sold at KRW 12,3450,00,000, and the Gwangju District Court's Gwangju District Court's Maritime Branch, 120,859,968 won to be actually distributed on the date of distribution on June 25, 2018 (i.e., KRW 122,3450,000, KRW 8,1300, KRW 2598,162) to the Incheon Vice Governor of the National Health Insurance Corporation (public charges), who is the holder of the right to deliver the proceeds of sale - KRW 732,270, KRW 30,000, KRW 270, and KRW 30,810,499, and KRW 30,317,199, and KRW 30,000,000,000,000,000).