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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 15, 2004, Nonparty C and D purchased the Gangseo-gu Seoul Metropolitan Government E Apartment 103 Dong 708 (hereinafter “instant real estate”) from Nonparty F, and completed the registration of ownership transfer on July 15, 2004, respectively.
B. As of April 8, 2009 with respect to the instant real estate, the mortgagee C, Solomon Mutual Savings Bank, the maximum debt amount of 447,000,000 shall be set up, and the mortgagee was changed into the Korea Financial Savings Bank on the grounds of “transfer of contract” as of January 21, 2013.
C. On March 5, 2013, upon the application of the Bank of Korea Financial Savings, which is the mortgagee of the instant case, the auction procedure of real estate in the instant real estate was initiated in Seoul Southern District Court B with respect to the instant real estate (hereinafter “instant auction procedure”). During the auction procedure, the Bank of Korea in the process of the said auction procedure, the Bank of Korea transferred the secured debt of the instant mortgage to the Plaintiff.
In the instant auction procedure, on May 13, 2013, the Defendant entered into a lease agreement between Nonparty C and D, the owner of the instant real estate, on June 15, 2012, with respect to the said real estate (hereinafter “instant lease agreement”).
The assertion that “the right declaration and the request for distribution (house lease)” were submitted. E. Meanwhile, on the date of distribution implemented on October 16, 2013, the instant real estate was adjudicated to Nonparty G on September 16, 2013, and the said auction court distributed KRW 20 million to the Defendant among “31,463,24, the amount to be distributed by the said auction court on the date of distribution implemented on October 16, 2013 as a small deposit under the Housing Lease Protection Act, and distributed KRW 439,920 to the Gangseo-gu Seoul Metropolitan Government, and distributed the remaining KRW 306,252,054 to the Plaintiff (the applicant mortgagee) who is the applicant creditor, the Plaintiff raised an objection against KRW 20 million, which was distributed to the Defendant, and on October 23, 2013.