손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 18, 2012, the Plaintiff sold the Bupyeong-gu Incheon E Apartment F (hereinafter “instant apartment”) to D in KRW 2.70 million. However, the Plaintiff received KRW 800,000,000 from the third floor household facility cost of the building in Yeongdeungpo-gu G building in Yeongdeungpo-gu, Incheon. The Plaintiff provided the instant apartment as security and paid KRW 1.80,000 to H with the provisional disposition cancellation cost for H, and used KRW 10,000,000 out of the remainder as the interior cost of the building in Gyeyang-gu, Incheon, and Jho (hereinafter “instant shopping building”).
However, at the same time, D leased the instant commercial building to the Plaintiff, and at the same time, D decided to substitute the said interior cost (i.e., the amount equivalent to KRW 100 million out of the remainder of the purchase price of the instant apartment building) as the lease deposit for the instant commercial building.
B. According to the agreement, the Plaintiff and D established the right to collateral security of KRW 234,00,000 with respect to the instant apartment under the name of K, who is a partner of D on April 20, 2012, and borrowed KRW 1.8 million from Defendant B Co., Ltd. (hereinafter “Defendant bank”) (hereinafter “instant loan”).
C. As above, D completed the registration of ownership transfer under its name, immediately after the establishment of the right to collateral security.
Before the instant loan, the Plaintiff leased the instant apartment with the deposit of KRW 130,000 to the Plaintiff, who is the Plaintiff, as the Plaintiff, at least KRW 130,000,000, and on November 30, 2009, the Plaintiff was a move-in report under the name of the Plaintiff.
E. When the interest on the instant loan was overdue, the Defendant bank claimed that L, which is the Plaintiff, has a claim for a lease deposit amounting to KRW 130,000,000,00,000 in the above auction procedure, was sold to the third party on July 30, 2015 after filing an application for voluntary auction, and that L, in the dividend procedure, was KRW 130,000,000,000.