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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. On June 9, 2011, E entered into a mortgage agreement with the Defendant on each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) as to each of the instant lands owned by it, and on the same day, the registration of creation of a mortgage was completed in the vicinity of the maximum debt amount of the Daejeon District Court No. 11496, No. 11496, Dec. 9, 201.
On November 21, 2011, E entered into a contract to establish a mortgage on each of the instant lands with the Defendant, and on the same day, E completed the registration of creation of a mortgage on the basis of the maximum debt amount, No. 23858, 238, which was received from the Daejeon District Court’s Superintendent General, No. 6550,13
(hereinafter referred to as “each of the instant contracts”) B.
On March 9, 2012, the Plaintiff received a decision of provisional seizure of the claim amounting to 200 million won from this court as the court 2012Kahap43, and completed the registration of the entry on the same day. On May 2, 2013, the Plaintiff received a decision of provisional seizure of the claim amounting to 570,270,532 as the court 2013Kahap65, and the entry registration was completed on the same day.
C. On January 19, 2014, the Plaintiff filed a lawsuit seeking a loan against E with the Daejeon District Court official order 2013Gahap849, and sentenced that “E shall jointly and severally pay to the Plaintiff KRW 770,270,532 with the F Co., Ltd. and the Plaintiff an annual interest rate of 24% from May 16, 201 to the date of full payment,” and the above judgment became final and conclusive.
With respect to each of the lands of this case, the court of execution shall order 420,50 won among the amounts to be actually distributed on November 5, 2014, 404,251,543 won, among the amounts to be distributed on November 5, 2014, 14, 420,550 won, 140,000 won, 140,000 won, 30,000 won, 79,868,668, 20,131, 333 won, 16,130,106 won, 16,130,106 won, 16,20,106 won, 50,53 won, 50,533 won, 50,5305, 45,3205, and 45,320.