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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On March 5, 2013, D completed registration of the establishment of chonsegwon (right to lease on a deposit basis) with respect to F apartment G in Changwon-si, Changwon-si, Changwon-si, E on March 5, 2013, and the period from March 11, 2013 to March 10, 2015. On March 26, 2015, D completed registration of the change of the duration of the right to lease on a deposit basis.
B. On November 22, 2016, the Plaintiff leased KRW 30,000,00 to D with interest rate of KRW 27.9% per annum and January 22, 2017. If D fails to perform its loan obligations, the Plaintiff drafted a notarial deed to the effect that D is not subject to compulsory execution (No. 1818, Nov. 22, 2016, a notary public drafted a deed to the effect that D is not subject to compulsory execution (No. 2016, Nov. 22, 2016), and that on the same day D’s above date.
The establishment registration of neighboring mortgage (45,000,000 won) has been completed with respect to the right to lease on a deposit basis stated in the port.
C. On January 20, 2017, the Gyeongnam Credit Guarantee Foundation issued a provisional attachment (the Changwon District Court 2017Kadan143, the claim amount of KRW 42,000,00) of D’s claim for the return of security deposit (the claim amount of KRW 42,00,00) and on May 2, 2018, issued a provisional attachment and a collection order (the same court 2018 TaT3973). On July 11, 2018, the Defendant received a collection order (the Changwon District Court Masan Branch 2018 TaT2791).
E Around October 19, 2018, deposited KRW 86,270,340 remaining after deducting incidental expenses from the key money to be returned to D (the Changwon District Court 2018Hun305) and filed a report on the grounds therefor, and the distribution procedure (the same court C; hereinafter “instant distribution procedure”) commenced. The Plaintiff submitted a report on the right and a request for distribution as of November 9, 2018 in the instant distribution procedure.
E. In the distribution procedure of this case, the Changwon District Court prepared a distribution schedule that distributes each of the amount of KRW 33,822,531 to the Gyeongnam Credit Guarantee Foundation (the amount of claims KRW 49,431,82) and the Defendant (the amount of claims KRW 76,669,360) in proportion to the amount of claims of the Defendant (the amount of claims).