beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage with C, the maximum debt amount of KRW 24 million, and the debtor C, as to the third floor No. 304 (hereinafter “instant real property”).
B. On October 21, 2014, the decision to commence compulsory auction of the instant real estate was rendered to Suwon District Court B on October 21, 2014, and the auction procedure was underway.
C. On July 24, 2015, the aforementioned court: (a) at KRW 39,713, the sales price of KRW 39,713, the sales price of KRW 1,713,00,00,000 and the sales price of KRW 1,568,120, the actual amount to be distributed, excluding KRW 1,568,120,00,000; (b) at KRW 114,740,000,000 among the amount to be actually distributed to the delivery authority (relevant tax); and (c) at KRW 37,318,853,00 among the amount to be distributed to the Defendant, who is the lessee holding the fixed date for filing an application creditor and the lessee holding the fixed date for filing an objection against KRW 24,593,00,000,000,000,00
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 11, and the purport of the whole pleadings
2. Determination
A. The Defendant did not file a move-in report on the instant real estate even when the Plaintiff had inspected the moving-in household around July 6, 2012, which created a right to collateral security on the instant real estate, around October 16, 2012, and even when he had re-inspectioned on or around October 16, 2013, and thus, it is unreasonable for the Defendant to receive a prior distribution from the Plaintiff.
B. In full view of the purport of the entire pleadings, the following facts are recognized in the entries in Gap evidence Nos. 4, 7, 8, and Eul evidence Nos. 1 and 2.
① On May 21, 2010, the Defendant leased the instant real estate from C by setting the lease deposit amount of KRW 38 million, the lease term from June 10, 2010 to June 9, 2012, and was handed over on June 10, 2010.
② On June 29, 2010, the Defendant obtained a fixed date by filing a move-in report. The Defendant stated “304 E buildings located in Gyeonggi-do, Osan-si,” as the place of transfer.