beta
Text
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 respective entries and arguments in Gap evidence:
On December 24, 2003, the Plaintiff provided each real estate (hereinafter “instant real estate 1”) as indicated in the attached list owned by the Plaintiff to the Defendant National Bank of Korea (hereinafter “Defendant Bank”) and the land and its ground (hereinafter “instant real estate 228m2 by combining the above land and the above ground buildings) as joint collateral security (hereinafter “instant joint collateral”). On the same day, the Defendant Bank provided each of the above real estate as joint collateral security (hereinafter “instant joint collateral security”). On December 29, 2003, the Defendant Bank leased KRW 37,000,000 to the Plaintiff on December 29, 2003.
B. D purchased the instant real estate No. 2 from the Plaintiff on March 11, 2009, and completed the registration of ownership transfer on March 11, 2009.
C. On May 3, 2010, Defendant B completed the registration of the provisional registration of the right to claim transfer of ownership on the instant real estate No. 2 owned by D on May 1, 2010 as the claim amounting to 150,000,000 won, which was based on the promise to sell and purchase the instant real estate. After that, upon Defendant B’s voluntary auction application, the said real estate was sold at the auction procedure of the instant case in this court, and the said real estate was distributed to the Defendant bank, which was the first priority (the Defendant bank received the full amount of the claim) and the remaining dividends were distributed to Defendant B, the person having the right to claim transfer of ownership.
Accordingly, on April 7, 2014, Defendant B, who did not receive full distribution of the amount of the claim against D, completed the registration of subrogation on the instant real estate in the name of Defendant B under the name of Defendant B (hereinafter “instant subrogation registration”) on the ground of subrogation under Article 368(2) of the Civil Act on April 7, 2014.
2. The summary of the Plaintiff’s claim D is the real estate of this case from the Plaintiff.