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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 1, 2017, the Plaintiff entered into a lease agreement with the network D by setting the lease deposit amount of KRW 30,000,000 with respect to the building E and the F (hereinafter “instant real estate”) owned by the network D, and the lease agreement from January 20, 2017 to January 19, 2020, and received a fixed date after completing the move-in report of the instant real estate on April 17, 2018.
B. Nonparty G, a creditor of the network D, filed an application for compulsory auction of the instant real estate with the Cheongju District Court H as to the instant real estate, and accordingly, the decision to commence compulsory auction was rendered on May 14, 2018 (hereinafter “the prior decision to commence compulsory auction”) and the final date for demanding the said auction procedure was set on July 23, 2018.
(hereinafter “Prior Auction Procedure”). On June 11, 2018, the Plaintiff filed a report on the right as a creditor of the lease deposit of the instant real estate and demanded the distribution of the instant real estate at the instant Prior Auction Procedure.
However, on January 9, 2019, the above auction court revoked the ruling to commence the preceding auction and rendered a decision to dismiss the above ruling to dismiss the application for the compulsory auction.
C. Meanwhile, on the other hand, on December 28, 2018, when the collective security right-holder of the instant real estate was in the process of the instant preceding auction procedure, I applied for a voluntary auction on the instant real estate to Chungcheong District Court Cheongju Branch C. Accordingly, on February 8, 2019, the voluntary decision to commence auction was rendered (hereinafter “decision to commence the subsequent auction”) and the final date for demand for distribution of the said auction procedure was set on April 22, 2019 (hereinafter “instant subsequent auction procedure”). In the instant subsequent auction procedure, the Plaintiff filed a report on the right and demand for distribution as the lease creditor of the instant real estate by April 22, 2019, which was the completion date for demand for distribution, as the lease creditor of the instant real estate, by November 19, 2019.
Since then, the auction court shall conduct the subsequent auction procedure of this case on September 2019.