배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 200, the Defendant entered into a lease agreement between C and the attached list (hereinafter “the instant real estate”) with a deposit of KRW 600,000,000 on the instant real estate, and, in order to secure the right to claim the return of the said deposit, C established the first priority collective security right on July 27, 200 with respect to the instant real estate and obtained the registration of the establishment of a mortgage on July 28, 200.
B. After the renewal of the above lease agreement several times, the Defendant and C increased the lease deposit in the process, and finally, on August 26, 201, the said lease was renewed by setting the deposit amount of KRW 1,440,000,000 and the period from September 1, 201 to August 31, 2016.
(hereinafter “instant lease agreement”). C.
In order to secure the right to claim for the repayment of the increased lease deposit, the Defendant was respectively established by C with the second priority collective security (registration of creation on September 30, 2003) regarding the instant real estate of KRW 520,00,000 on September 29, 200, the third priority collective security (registration of creation on November 22, 2006) of KRW 494,000,000 on November 22, 2006, and the third priority collective security (registration of creation on November 22, 2006) of KRW 78,00,000 on August 26, 201.
On June 28, 2011, D concluded the 5th priority mortgage agreement with C on the instant real estate, with the maximum debt amount of KRW 700,000,000,000, and completed the establishment registration of a mortgage on the same day. On March 20, 2018, D transferred the said 5th priority mortgage and its secured debt to the Plaintiff, and completed additional registration prior to the same day.
E. On August 31, 2016, the Defendant agreed to deliver the instant real estate to C, the expiration date of the instant lease term, and to complete the duty of restoration by deducting KRW 40,000,000 from the lease deposit in C and the instant lease deposit.
F. C On August 31, 2016, the lessor on August 31, 2016: (a) on August 31, 2016, the due date for the remainder of the lease deposit of KRW 1.4 billion.