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1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Plaintiff, who acquired the right to collateral security, extended a loan of KRW 100,000,000 to C on February 29, 2012, and completed the registration of the establishment of the right to collateral security over the instant building owned by C with the Incheon District Court No. 16096, Feb. 29, 2012, as to the obligor C and the maximum debt amount of KRW 130,00,000.
B. Meanwhile, including the conclusion of a lease contract between C and the Defendant, the Defendant completed the move-in report to the instant building on February 2, 2012, and transferred resident registration under the same D 402 on February 22, 2012. On March 13, 2012, C appears to be a clerical error in the period of March 15, 2012, the lease contract between C and the Defendant on March 14, 2012, and the lease contract between C and the Defendant on March 14, 2012 (hereinafter “the lease contract of this case”). The lease contract of this case was concluded on March 13, 2015, and the lease contract of this case was concluded on March 14, 2012 as the date of the move-in report of this case on March 15, 2012.
C. On July 9, 2013, upon the Plaintiff’s application, who is a mortgagee of the right to collateral security regarding the instant building, the auction procedure was initiated and proceeded with to the Incheon District Court B on July 9, 2013. On August 5, 2013, the Defendant submitted an application for a report on the right and a demand for distribution as a lessee. On the open date of distribution on March 26, 2014, the auction court first distributed the Defendant KRW 22,00,000, deeming the Defendant as a lessee of small amount, and subsequently distributes KRW 544,330,00, which is the person holding the right to deliver (the pertinent tax), and then prepares a distribution schedule that distributes the remainder of KRW 53,291,946 to the Plaintiff, who is a mortgagee of the right to collateral security (hereinafter “instant distribution schedule”).
The Plaintiff stated an objection against the entire amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on April 2, 2014, which was seven days thereafter.
[Reasons for Recognition] Evidence A, Evidence A, Nos. 6, 7, and 1.