배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On August 10, 2009, the Plaintiff: (a) entered into a lease agreement with D as of August 10, 2009; (b) KRW 500,000,000 per month; and (c) entered into a new lease agreement with E, a new owner; (b) KRW 10,000,000 per month; (c) entered into a new lease agreement as of February 28, 2016; and (d) obtained a fixed date on August 8, 2014; and (c) concluded a new lease agreement as of February 28, 2016, the Plaintiff’s claim to return the lease deposit should be revised so that the Plaintiff’s claim to return the lease deposit can be distributed preferentially to the Defendant’s collateral, rather than the Defendant’s claim.
However, the Defendant is a creditor who completed the registration of creation of a neighboring mortgage on November 1, 201, and even if the Plaintiff’s assertion was based on the fixed date, the Plaintiff is a subordinate creditor, and furthermore, the Plaintiff’s deposit is not included in the scope of small lessee as prescribed by the Commercial Building Lease Protection Act, and thus, the Plaintiff’s assertion based on the premise that it is higher than the Defendant’s claim cannot be accepted.
Therefore, the plaintiff's claim of this case is not reasonable and is dismissed.