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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. On June 14, 2016, the Suwon District Court B voluntary auction procedure (hereinafter “instant auction procedure”) started on the motion of the Defendant, a mortgagee, with respect to the land and its ground buildings owned by Suwon-si, Suwon-si, Suwon-si (hereinafter “instant real estate”).
B. The Plaintiff filed a report on rights and a request for distribution with the above auction court on the ground that the Plaintiff was a lessee who leased and resided in the instant real estate from C in KRW 70,000,000.
C. On September 19, 2017, on the date of distribution implemented on September 19, 2017, the above auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with respect to KRW 3,00,000 (Order 1), E, F, G, H, and one other (PP smallest lessee) with respect to each of the 20,00,000 won (Order 1), 2,158,120 won (Order 2), and 695,179,114 (Order 3) with respect to each of the distribution amounts to be actually distributed to the Defendant.
The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 27,00,000 out of the Defendant’s dividend amount, and thereafter filed the instant lawsuit on September 26, 2017, which was seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff entered into a lease agreement with C on May 1, 2013, setting the lease deposit amount of KRW 70,00,00 with respect to the instant real estate, and entered into a move-in report on the same day and entered into a move-in report. On March 2, 2015, the Plaintiff drafted a lease agreement to renew the said lease agreement on March 2, 2015, and obtained a fixed date on March 6, 2015. The Defendant’s assertion that the Plaintiff has the right to preferential payment against the Defendant regarding the entire lease deposit. Therefore, the Plaintiff obtained a fixed date after the Defendant completed the establishment registration of the neighboring real estate.