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1. The plaintiff's claim against the defendant 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 accordance with Gap evidence 1 to 3 (including branch numbers in the case of additional numbers) and Eul evidence 2, taking into account the whole purport of the pleadings. (a)
1) On March 12, 2008, the Korea Development Bank Co., Ltd. (1) lent money to C on March 12, 2008, and completed the registration of establishment of a neighboring mortgage of KRW 205,200,000 with respect to D Apartment 103, Dong-gu, Incheon (hereinafter “instant house”) owned by C (hereinafter “instant house”). However, on June 5, 2012, upon the application of the Korea Development Bank, the auction procedure for exercising the right to collateral was commenced on June 5, 2012 (this court B; hereinafter “instant auction procedure”); on the other hand, on June 26, 2012, the Korea Development Bank acquired the secured right to collateral from the Korea Development Bank Co., Ltd. and completed the additional registration of transfer and acquisition of the secured right to collateral.
B. On August 9, 2012, the Plaintiff asserted that the enforcement court was a small lessee under Article 8 of the Housing Lease Protection Act for the instant housing and filed a report on the right and demand for distribution with the court of execution. 2) On August 22, 2014, the enforcement court: (a) distributed KRW 1,49,040 among the amount to be actually distributed on August 22, 2014, the date of distribution; (b) distributed KRW 205,200,000 to the savings bank, instead of the mortgagee, in the second priority order; and (c) drafted a distribution schedule with the content that distributes KRW 10,92,337 to the Samsung Tax Office, a person holding the right to seize and deliver the instant housing (hereinafter “instant distribution schedule”).
3) Accordingly, on the date of distribution, the Plaintiff stated an objection against KRW 16,00,00 (16,000,000,000,00 (5,007,663, Samsung Tax Office: the total amount of dividends, 10,92,237, out of the dividends to the Savings Bank and the Defendant, on the date of distribution, and thereafter filed the instant lawsuit on August 29, 2014.
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