손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 11, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and C as to KRW 203,00,000,000, deposit money for the studio building in Seongbuk-gu E located in Seongbuk-gu, Sungnam-si (hereinafter “instant object”), and as to May 31, 2012, from May 31, 2012 to May 30, 2014, the Plaintiff paid KRW 5,000,000 on the date of the contract, and the remainder of KRW 45,00,000,000 on May 31, 2012.
On the other hand, the Plaintiff obtained a fixed date in the above lease agreement on June 7, 2012.
B. At the time of the conclusion of the instant lease agreement, the registration of creation of a mortgage on the instant building was completed with the Bank of Korea and the maximum debt amount of Japanese law 768 million.
C. However, on July 22, 2013, Korea Bank Co., Ltd. is above B.
At that time, there were 13 lessees and 2 persons who have the right to deliver the instant building except the Plaintiff as the mortgagee of the right to collateral security.
Meanwhile, at the above auction procedure, the appraisal value of the above building and its site was determined as KRW 1,028,08,40 ( KRW 71,932,400, KRW 71,932,400, KRW 71,325,000, KRW 748,80,000, KRW 748,800, and the above building and site was sold at KRW 748,80,000 on February 24, 2014, the Plaintiff did not receive dividends from the lessee and H, who was the small lessee of the above building, at the date of distribution proceeding on April 10, 2014, at KRW 16,00,000, KRW 1,777,80, KRW 800, KRW 1,000, KRW 708,286, KRW 107, KRW 285,205, KRW 2385,205, KRW 275,2085,25.
recognized.