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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. The Defendant filed an application with the Chuncheon District Court for a payment order of KRW 50,000,000 with respect to C and its payment order of KRW 20% per annum from the day following the service date of the original copy of the payment order to the day of complete payment. The above court issued the payment order on October 9, 2009, and the above payment order was served to C on November 20, 209, and the above payment order was finalized on December 5, 2009.
(hereinafter referred to as the “instant payment order”). B.
The land and the building on this ground (hereinafter “instant real estate”) of Gangwon-do Crossing-gun is the real estate owned by EW, which was originally owned by EW, and the real estate of this case was set up a collateral security right with E (representative director C) as the debtor.
Af case 1141-backed securitization specialized company, a collateral creditor of E, filed an application for a voluntary auction of real estate in the case of the instant real estate as the original state support fund of the Chuncheon District Court. On May 2, 2016, the Plaintiff was awarded the bid of the instant real estate in the above real estate auction case. On June 14, 2016, the sale price was fully paid and completed the registration of ownership transfer in the name of the Plaintiff on the same day.
C. E is the debtor of the right to collateral security established on the instant real estate, and was partially leased and used the instant real estate.
E Co., Ltd. owned corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) and used them by attaching them to the instant real estate.
In the Chuncheon District Court case 2015No861, the corporeal movables auction procedure was under way with respect to the corporeal movables, including the instant corporeal movables, by the creditors of E.
E. On May 4, 2016, the Plaintiff and C, after the Plaintiff was awarded a successful bid in the said real estate auction case, on May 4, 2016, and the said Chuncheon District Court’s original state branch.