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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 18, 2010, the Plaintiff filed a provisional attachment against E with the Daegu District Court 2010Kadan2195 on the F apartment No. 102 Dong 301 (hereinafter “instant apartment”) owned by Ulsan District Court 201, Ulsan District Court 201, and filed a provisional attachment registration with the Plaintiff as the obligee on the instant apartment on the same day with the decision of acceptance on March 18, 2010.
On March 29, 2010, the Plaintiff filed a loan claim lawsuit against E with the same court No. 2010da19102, and received a judgment in favor of the above court on September 8, 2010 that E shall pay the Plaintiff KRW 61,00,000, and delay damages therefor. The above judgment became final and conclusive around that time.
B. On September 11, 2009, the provisional registration of the instant apartment was completed on September 11, 2009, the maximum debt amount of KRW 60,000,000, the establishment registration of the mortgage-backed livestock cooperative, the establishment registration of the mortgage-backed livestock industry cooperative, and the provisional registration of the right to claim the transfer of ownership in the name of the Defendant C on February 10, 2010, respectively.
C. The Ulsan Livestock Industry Cooperatives filed a voluntary auction on the instant apartment with the Ulsan District Court D, and received a decision on commencing auction on March 29, 2013. Accordingly, the auction procedure on the instant apartment was underway (hereinafter “instant auction procedure”).
In the instant auction procedure, when distributing the amount of KRW 118,62,284, which is the date of distribution, on October 21, 2013, the said court: (a) deemed Defendant B as a small residential lessee; (b) distributed KRW 14,00,00 in the first order, deeming Defendant B as a small residential lessee; and (c) set up a distribution schedule to distribute KRW 274,940,530 in the Ulsan Metropolitan City, Ulsan Metropolitan City, the holder of the second order, to the Ulsan Livestock Cooperative, the mortgagee of the right to issuance; and (d) distribute the amount of KRW 10,00,00 to Defendant C, the holder of the right to provisional registration, respectively; and (d) distribute the remaining amount to the Plaintiff in the order of the National Agricultural Cooperative Federation, the National Agricultural Cooperative Federation, the Plaintiff, and Yang Agricultural Cooperative, the holder of the right to issuance.
E. The plaintiff is on the date of the above distribution.