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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Defendant is to prepare the distribution schedule, etc. 1) The Defendant is to set forth the heading 607 Dong-dong, Yongsan-gu, Yongsan-gu (hereinafter “the instant apartment”) No. 1601 (hereinafter “the instant apartment”).
As to the registration of creation of a collateral security (hereinafter referred to as the “registration of the instant collateral security”) completed under No. 156026, Nov. 23, 2010, by making the maximum amount of debt KRW 102,700,000, the Goyang-gu District Court Branch of the Goyang-gu District Court Branch of the Goyang-dong Branch of the High Court
Based on the foregoing, an application for voluntary auction on the instant apartment was filed on October 11, 2012, and there was a voluntary decision to commence the auction on the instant apartment. Meanwhile, on the other hand, the New Bank Co., Ltd. applied for voluntary auction on the instant apartment with the maximum debt amount of KRW 382,80,000 with respect to the instant apartment at KRW 382,80,000. On November 23, 2010, the Goyang-gu District Court, which completed the registration of establishment and the maximum debt amount of KRW 68,40,00 with respect to the instant apartment at KRW 68,40,00 with respect to the registration of establishment of a mortgage and the maximum debt amount of the instant apartment at KRW 93180 with respect to which was completed on July 18, 2012, each of the instant real estate auction cases that had been filed for the said decision to commence the auction on the instant apartment and that each of the instant real estate auction support district court had to proceed with the auction on October 30, respectively.
(2) In the instant auction procedure, in order to have the amount of KRW 27,546,256 out of the amount of KRW 405,257,705, which was actually distributed as of July 22, 2013, the court below set up a distribution schedule (hereinafter “instant distribution schedule”) to the Defendant, a creditor of the instant apartment in accordance with the registration of the right to collateral security, claiming that the Plaintiff was a lessee of the instant apartment, and having claimed a distribution, that the Plaintiff would be excluded from the distribution of dividends.
3. The plaintiff is present on the date of the above distribution and raises an objection against 22,00,000 won out of the amount of distribution to the defendant.