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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 22, 2009, the Defendant purchased the real estate recorded in the separate sheet (hereinafter referred to as the “instant apartment”) and completed the registration of ownership transfer, and thereafter resided in the instant apartment on December 5, 201.
After that, on June 2, 2014, the Defendant sold the instant apartment in KRW 214,00,000 as a brokerage run by the D Licensed Real Estate Agent Office to C, and concluded a lease contract with C on KRW 195,00,000 for the deposit, and received KRW 19,000,000 (214,000,000 - 195,000,000 for the difference between the sales price and the deposit for the deposit for the deposit, and received KRW 3,00,00 as the down payment. After receiving KRW 16,00,000 for the balance on June 3, 2014, the Defendant completed the registration of ownership transfer for the instant apartment, and obtained a fixed date as of June 3, 2014 under the above lease contract.
B. On September 30, 2014, the Plaintiff: (a) agreed to the F on March 1, 2015 to lease the apartment of this case, which is owned by C, with a view to securing it; (b) on October 1, 2014, the Suwon District Court rendered the registration of establishment of the right to collateral security (hereinafter the instant right to collateral security), which is the Plaintiff of the Fmortgage-based debtor, as the maximum debt amount of KRW 240,000,000,000, under the title No. 15207, October 1, 2014.
On March 24, 2015, the Plaintiff filed an application for the Suwon District Court B real estate auction case (hereinafter in this case’s voluntary auction) with respect to the instant apartment on the instant apartment on the basis of the instant collateral security, and the said court distributed KRW 220,310,887, the amount to be distributed on October 16, 2015, KRW 235,60, the pertinent amount to be distributed to the branch office of Sungsung-dong Branch, KRW 4,858,70, the delivery authority, KRW 116,875, the delivery authority, KRW 116,875, the delivery authority, and KRW 116,875, the delivery authority, and KRW 98,935, to the Defendant as the fixed date lessee, and KRW 194,951,159, and KRW 20,049,548, the Defendant as the mortgagee of the fixed date on the date of distribution.
Grounds for recognition: Facts without dispute, A, 1 through 3.