beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 27, 201, the Plaintiff loaned KRW 204,000,00 to B, and on the same day, B created a collateral security (hereinafter “mortgage”) with respect to the instant officetel, which is the maximum debt amount of KRW 265,200,000, in order to secure the Plaintiff’s obligation to repay the said loan.
B. On January 25, 201, the Defendant: (a) concluded a lease deposit of KRW 20,000,000 (in the event of a contract, KRW 2,000,000 shall be paid on February 16, 201); (b) monthly rent of KRW 90,000; and (c) the lease deposit of KRW 30,00,000 from February 16, 201 to February 15, 201; and (d) concluded a lease contract of this case with KRW 1,00,000 from February 16, 201 to KRW 30,00 or KRW 1,00 from February 16, 201 (hereinafter “instant lease contract”).
(2) On August 21, 2013, the Defendant completed a move-in report on the instant officetel, and obtained a fixed date on September 2, 2013 from the Suwon District Court’s Ansan Branch registry and the instant lease agreement.
C. On February 12, 2014, the Plaintiff: (a) held the auction of real estate for the instant officetel as to the instant officetel to the Suwon District Court Ansan Branch C on the basis of the instant collateral security on February 12, 2014 (hereinafter “instant auction”).
(2) On February 13, 2014, the above execution court filed an application for a decision of voluntary commencement of auction on February 13, 2014. (2) The Defendant asserted that the lease deposit of KRW 20,000,000 exists as a lessee under the instant lease agreement in the auction procedure of this case, and filed a report of the right and demand for distribution.
3 D has been sold the instant officetel during the instant auction procedure on August 26, 2014, and the auction court, on September 24, 2014, shall order the Defendant, who is a small lessee, to pay KRW 19,000,000 to the head of Ansan-si, a person entitled to the delivery of the relevant tax, and to pay KRW 224,293,295, the amount to be actually distributed after deducting the execution expenses, etc. from the proceeds of sale from the date of distribution of the instant auction procedure on September 24, 2014.