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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, and 4:
The instant conciliation 1) As to the real estate listed in paragraph (1) of the attached Table No. 1 as indicated in the [Attachment List No. 37410, Nov. 30, 2010, the Daejeon District Court: (a) as to the instant real estate owned by C, KRW 80,000,000 for the maximum debt amount arising from the contract to establish a contract on November 30, 2010 in the future of the Defendant (hereinafter “the instant
(2) The registration of creation was completed. D filed a lawsuit against the Defendant for revocation of a fraudulent act seeking cancellation of the instant mortgage contract with the Daejeon District Court Branch Branch Decision 2012Gadan771, which was the Daejeon District Court Branch Decision 2012Gadan771, and, on March 15, 2013, the Daejeon District Court Branch Decision 201GaGa1241 decided June 30, 2013, the Defendant would implement the procedure for cancellation of the instant registration of establishment of collateral security (hereinafter “instant conciliation”).
B. The instant distribution schedule and the instant distribution schedule were set up as follows: (a) D applied for a compulsory auction to Daejeon District Court Branch Branch B; and (b) D was issued a ruling to commence a compulsory auction with respect to each real estate listed in the attached list, which was owned by C; (c) as to the said compulsory auction, D distributed KRW 80,00,000 to the Defendant in the second order of the right to collateral security; and (d) the Plaintiff was set up on May 30, 2014, a distribution schedule that distributes KRW 7,118,01, 5,496,627, 3897,395, 412,847, 7,325,079, and D’s distribution schedule that distributes KRW 14,929 to D in the third order of creditors (hereinafter “instant distribution schedule”).
3. On May 30, 2014, the Plaintiff and D raised an objection against the total amount of dividends of the Defendant on the date of distribution of the said compulsory auction case. The Plaintiff filed the instant lawsuit on June 3, 2014.
2. The parties' assertion
A. The defendant's assertion is false in collusion with C.