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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 - The plaintiff filed an application for compulsory auction against the real estate listed in the attached Table 1 attached to the non-party company owned by the non-party company for a compulsory auction (hereinafter referred to as the "prior auction case") with the Suwon District Court for the execution title to the non-party company Mtetez Co., Ltd. (hereinafter referred to as "non-party company").
The real estate listed in the separate sheet No. 1, the real estate listed in the separate sheet No. 2, the real estate listed in the separate sheet No. 3, and the real estate listed in the separate sheet No. 2, the Defendant Company, and the real estate listed in the separate sheet No. 2, which are owned by the Nonparty Company (hereinafter referred to as “the instant real estate”), were set by the creditor Jeonbuk Bank (hereinafter referred to as “ Jeonbuk Bank”), the debtor company, the maximum debt amount, and the creditor company, the non-party company, the debtor company, and the maximum debt amount, respectively.
However, with respect to the real estate listed in the attached Tables 1 and 2, the Jeonbuk Bank applied for the auction of real estate as the Jeonju District Court B (hereinafter referred to as the "instant auction case") and proceeded with the procedure with the preceding auction case and the double auction.
Around May 2016, Defendant Company prepared and issued to the Plaintiff a written confirmation of the following contents (hereinafter referred to as “instant confirmation”).
We agree to confirm that the right holder of the surplus to be distributed to us in the court of the above auction case is DNA (Plaintiff) and pay the surplus to the above corporation as a balance remaining after distributing to each creditor in accordance with the distribution schedule of the Jeonju District Court B real estate auction case.
However, in the preceding auction case, the Jeonbuk Bank withdrawn the auction case of this case as the first mortgagee who received the total amount of the claim as the first mortgagee.
[Ground of Recognition] 2.3 of the facts without dispute, Gap 1 to 7 (including attachment of a serial number).