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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. As of February 6, 2014, the Plaintiff entered into a lease contract: (a) concluded a lease agreement with C on the said deposit amount of KRW 26,500,000 for Goyang-gu D apartment 1004, 102 (hereinafter “instant real estate”); (b) monthly rent of KRW 600,000 for rent; and (c) concluded a lease agreement from March 6, 2014 to March 5, 2016 for rent of KRW 60,00 for rent of KRW 60,00 for rent; and (d) received a move-in report and a fixed date on March 5, 2014 for the instant real estate.
(hereinafter “instant lease agreement”). B.
The registration of provisional seizure was completed in the name of Han Bank Co., Ltd., Defendant Credit Guarantee Fund, Han Capital Co., Ltd., and Han Bank Co., Ltd. as creditor.
On May 27, 2014, Han Bank filed an application for the commencement of voluntary auction with the High Government District Court Goyang Branch B, and followed by its decision on May 27.
The plaintiff reported the demand for distribution and the right as a lessee in the above procedure.
C. On December 16, 2014, the lower court: (a) excluded the Plaintiff from the distribution of dividends; (b) distributed the remainder, excluding the amount of dividends against the pertinent taxes and mortgagees, in proportion to the Defendants.
Accordingly, the Plaintiff appeared on the date of distribution, and raised an objection against KRW 8,940,00 out of the dividend amount of the Defendant Credit Guarantee Fund, KRW 5,800,000 out of the dividend amount for the limited liability company specializing in the securitization of the Defendant U&S, and KRW 5,260,000 out of the dividend amount for the Han Capital Stock Company.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The Plaintiff’s assertion is a genuine lessee with respect to the instant real estate, which can be protected under the Housing Lease Protection Act, under which a lease agreement is concluded with C, the owner of the instant real estate, and the deposit is paid. Therefore, the right of priority repayment is recognized under the Housing Lease Protection Act out of the amount of dividends to the Defendants under