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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. On June 8, 2001, the Plaintiff entered into a lease agreement to lease the F apartment and G (hereinafter “instant apartment”) from the Non-Party Dispute Resolution E to the KRW 29,900,000 in a deposit amount, and KRW 25,000 in a rent month. The Plaintiff completed the move-in report on September 22, 2001 and had resided in the instant apartment after obtaining the fixed date from the said lease agreement.
B. Around October 9, 2006, the LAE sold the instant apartment to Nonparty (Y) H, and the Plaintiff entered into a lease agreement with Nonparty (Y) H around September 25, 2006, to lease the instant apartment with KRW 22,50,000,000, monthly rent of KRW 200,000, and obtained the fixed date on the same day.
C. On September 24, 2014, the Plaintiff entered into a lease agreement stipulating that the instant apartment is leased at KRW 65,00,000 for deposit money and KRW 10,000 for monthly rent. On September 26, 2014, the Plaintiff entered into a lease agreement on September 15, 2015 under the said condition and obtained the fixed date on the same day. The Plaintiff entered into a lease agreement on September 22, 2016 under the said condition, and obtained the fixed date on September 23, 2016.
(B) On December 14, 2016, H sold the instant apartment to Nonparty I, and the Defendant, on December 23, 2016, made a registration of the establishment of a neighboring apartment to the obligor I, the maximum debt amount of which is KRW 643,50,000, and the debtor I, in order to secure the loan against I.
E. On June 23, 2017, upon the Defendant’s motion, the commencement of the auction procedure and the preparation of a distribution schedule) the instant apartment was decided to commence the auction procedure on June 23, 2017 (hereinafter “instant auction procedure”).
(2) On July 10, 2017, the Plaintiff filed an application for a report on rights and a demand for distribution with a deposit of KRW 65,000,000, monthly rent of KRW 10,000, and without a fixed date, and a lease contract with a fixed date of KRW 65,000,000, written around September 22, 2016 without a fixed date, and a deposit of KRW 29,90,000,00, written around June 8, 2001.