beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7:
B Concerning the Namyang-si, Namyang-si B 202 (hereinafter “instant real estate”), the establishment registration of a mortgage consisting of the maximum debt amount of 48 million won on March 30, 2010 and the maximum debt amount of 54 million won on June 1, 2015 was completed.
B. (1) On June 30, 2015, the Plaintiff entered into a lease agreement with B, setting the deposit amount of KRW 28 million with respect to the instant real estate, as of June 30, 2017, and setting the lease period of the instant real estate as of June 30, 2017 (hereinafter “instant lease agreement”).
(2) On June 30, 2015, B prepared a receipt that the Plaintiff received KRW 28 million from the Plaintiff and issued it to the Plaintiff.
(3) On June 30, 2015, the Plaintiff made a move-in report to the location of the instant real estate, and received a fixed date.
C. (1) The Defendant bank applied for a voluntary auction with the District Court D on the instant real estate, and the voluntary auction procedure was in progress.
(2) The survey report on the current status of the instant real estate did not contain the Plaintiff’s lease agreement details.
(3) In the said voluntary auction procedure, the Plaintiff did not report the right and demand a distribution by February 2, 2016, which is the date of the completion period to demand a distribution. The Plaintiff made a demand for distribution on April 27, 2016, which is after the completion period to demand a distribution.
(4) On the date of distribution implemented on May 12, 2016, the auction court distributes dividends to the National Health Insurance Corporation in the second order, and distributes dividends to the Defendant Bank, which is the right to collateral security, in the third order. The remaining dividends shall be distributed to the Defendant Bank, the right to collateral security, in the third order.