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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. E owned each of the instant buildings under subparagraphs 6 and 7 of the Non-Dong-dong Sub-building No. 6 and 7 of the Seoul Guro-gu Seoul Metropolitan Government (hereinafter “instant No. 6”) (hereinafter “the instant building”) and, in common term, “each of the instant buildings”. In order to secure a loan claim against E, the Young-gu Co., Ltd. (hereinafter “New Bank”) had a maximum debt amount of KRW 26 million on February 11, 1989; the debtor; E; the mortgagee; the mortgagee; the New Bank of Korea; the E-mortgage; the New Bank of Korea; the debtor; the 4 million maximum debt amount on May 4, 1989; the debtor; the New Bank of Korea; the debtor; the New Bank of Korea; the debtor; the New Bank of Korea; the collateral No. 5 million won on Feb. 27, 1995; the debtor; the New Bank of Korea; the collateral No. 1623, Jun. 23, 2004; and the debtor completed the mortgage registration.
(hereinafter “each of the instant mortgage”). B.
On June 18, 2013 with respect to each building of this case, the Seoul Southern District Court B, upon the application of Samsung Card Co., Ltd., the decision to commence compulsory auction was made on August 21, 2013, and the decision to commence compulsory auction was made on October 7, 2013 upon the application of the Korea Credit Guarantee Fund, and the decision to commence compulsory auction was made on October 7, 2013 to the same court D (hereinafter “instant auction procedure”).
C. In the instant auction procedure, the Plaintiff asserted that each of the instant buildings was a lessee with the opposing power to lease 10740,000 won as security deposit, and filed a report on the right and demand for distribution based on the above lease deposit return claim.
In the auction procedure of this case, the above court shall order H 13,50,000 won and second priority among the amount to be distributed actually on June 26, 2014, 261,868,838 won and the amount to be distributed actually on June 26, 2014 to Guro-gu Seoul Metropolitan Government, a seizure authority (the pertinent tax).