beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 7, 2013, the court prepared a distribution schedule with the content that distributes the amount of KRW 139,547,500 to the Defendant, who is the mortgagee, in the order of KRW 171,520, and KRW 139,375,980 to the Defendant, who is the mortgagee, in the order of KRW 171,520, and the second order of KRW 139,375,980, which is the mortgagee, in order to distribute the amount to be actually distributed to May 7, 2013.
The Plaintiff, as a lessee, applied for a demand for distribution in the instant auction procedure, was excluded from the distribution of dividends.
[Evidence] Facts without dispute, Gap 5 evidence, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The parties' assertion that the plaintiff himself/herself concluded a lease contract with C and made a move-in report, and the plaintiff is the legitimate lessee who actually resided in the apartment of this case, and the defendant asserts that the plaintiff is the most lessee.
B. According to the evidence evidence Nos. 1 and 6, the Plaintiff prepared a lease contract on June 22, 2012 stating that the apartment of this case and C are leased by setting the lease deposit amount of KRW 35,00,000, and the lease term of KRW 24 months from July 4, 2012, and the Plaintiff completed the move-in report to the instant apartment on July 16, 2012 and received the fixed date.
However, in light of the following circumstances, the evidence Nos. 1 through 4 and the evidence Nos. 1 and 2, which can be recognized by adding the whole purport of the pleadings, the Plaintiff’s assertion cannot be accepted, since the facts acknowledged earlier and the evidence submitted by the Plaintiff alone cannot be deemed as the genuine lessee who actually leased the instant apartment.
① Around June 22, 2012, the Plaintiff asserts that the lease contract was concluded, the right to collateral security and the amount of the claim regarding the instant apartment amount of KRW 174,200,000.