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1. The plaintiff and the plaintiff's successor's respective primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On April 8, 2013, the Seoul Northern District Court B opened a real estate auction procedure with respect to the apartment of this case owned by D upon the application of the Bank of Korea Financial Savings Co., Ltd., the mortgagee-mortgaged mortgage.
B. In the above auction procedure, the court of execution prepared a distribution schedule that distributes the amount of KRW 252,920,942 to the Plaintiff, who distributed the amount of KRW 20,000,00 to the Plaintiff, who distributed the amount of KRW 796,620, and KRW 66,924 to the National Health Insurance Corporation in the second order, and KRW 66,924 to the National Health Insurance Corporation in the third order, and KRW 231,930,102, and KRW 112,057, and KRW 15,239 to the Plaintiff of the Korea Financial Savings Bank in the second order.
C. On June 12, 2014, the Plaintiff appeared on the date of distribution and raised an objection to the entire amount of distribution to the Defendant.
On May 2, 2013, our Financial Savings Bank transferred the above-mortgaged claim against D to the Plaintiff, and notified the assignment of claims at that time. On January 15, 2015, the Plaintiff transferred the above-mortgaged claim against D to the Intervenor succeeding to the Plaintiff and notified the assignment of claims at that time.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, and 7 (including paper numbers), and the purport of the whole pleading
2. Summary of the parties’ assertion
A. The primary assertion by the Plaintiff or the Plaintiff’s Intervenor (1) was that the establishment of a mortgage near the market price was completed at the time the Defendant entered into the instant lease agreement, and the lessor’s resident registration continued to exist even after the lease was made by the Defendant, and there is insufficient materials to support that the Defendant had paid the lease deposit or the payment of public charges, etc., and that the lease of the instant apartment was done by paying the deposit amount which is remarkably smaller than the market price, and that the lease of the instant apartment is false or abused.