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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff drafted a lease contract with the content that deposit amounting to KRW 17 million, monthly rent of KRW 100,000, and the contract period from the delivery date to June 10, 2021 with respect to building E-building No. D Co., Ltd. (hereinafter “instant housing”).
B. On July 17, 2019, the Plaintiff filed a move-in report on the instant housing, and obtained the fixed date in the lease contract on August 1, 2019.
C. On October 20, 2016, the Defendant was created with respect to the foregoing housing as a collateral on October 20, 2016, KRW 362,960,000 with respect to the obligor G and the maximum debt amount.
The Defendant sent a notice of commencement of the exercise of the right to collateral security to G on June 24, 2019, when the secured obligation was not fulfilled properly.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The party's assertion and judgment
A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion was excluded from the above dividends despite the right to receive dividends as a legitimate small lessee of the instant house.
Therefore, the distribution schedule, such as the above purport of the claim, should be revised.
See The plaintiff asserted by the defendant is not the tenant of the house in this case.
B. The reasoning of each of the above evidence revealed as follows, namely, ① the Plaintiff’s auditor, the owner of the instant housing, ② there is no objective evidence to deem the date of preparation of the lease agreement made by the Plaintiff with D Co., Ltd. as May 10, 2019; rather, the time when the Plaintiff paid KRW 17 million to D Co., Ltd., the owner of the instant housing was July 21, 2019; ③ the Plaintiff transferred KRW 17 million to D Co., Ltd. on July 19, 2019, which was two days before the date when the Plaintiff remitted the said KRW 17 million to D Co., Ltd.; and ④ the said H loaned interest rate to the Defendant, the said debtor.