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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. In the auction procedure of Suwon District Court C real estate (hereinafter “instant auction procedure”) filed by the Defendant, the mortgagee of the right to collateral security (hereinafter “the instant real estate”), with respect to the EJ 370 square meters (hereinafter “instant real estate”), the auction court prepared a distribution schedule with the Defendant, the applicant creditor of the right to collateral security, to distribute the amount of KRW 142,623,161 among the amount to be actually distributed on November 27, 2013, which is KRW 123,80, and KRW 168,842, and KRW 140,457,941, and KRW 872,578, among the amount to be actually distributed on November 27, 2013, which is the applicant creditor of the right to collateral security (hereinafter “instant distribution schedule”).
B. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 21,00,000 among the Defendant’s dividend amount, asserting that he/she should be paid KRW 21,00,000 as the lessee of the instant building on the ground of the instant real estate. On November 29, 2013, the Plaintiff filed a lawsuit of demurrer against the distribution of KRW 21,00,000 among the dividend amount.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff asserts that since the plaintiff entered into a lease agreement with D as 21,00,000 won for the lease deposit and the building on the ground of the real estate of this case, and entered into a move-in report on November 29, 2012, he/she has resided until now. Thus, the distribution schedule of this case should be revised because he/she is a small lessee under the Housing Lease Protection Act who is a small lessee of the said
According to the statements in evidence Nos. 2, 3, 5, and 6, among the instant real estate buildings, D with respect to one column among the instant real estate buildings, is a lessor, the Plaintiff, the lessee, the lease deposit amount of KRW 21,00,000, and the lease term of the lease from November 28, 2012 to November 28, 2014 (hereinafter “instant lease contract”), and the Plaintiff’s real estate on November 29, 2012.