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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On November 15, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with D on a fixed period of 24 months from the date of delivery of real estate (as of December 1, 2015), under which the Plaintiff entered into a lease agreement with the head of Ulsan-gun, Ulsan-gun, the terms of F, G, and 20 million won (on December 1, 2015), monthly rent of KRW 80,000, and the lease period of KRW 24,000 (as of December 1, 2015).
B. H (the representative director of the Plaintiff) completed the registration of ownership transfer on October 15, 2012 with respect to the Ulsan-gun E, Ulsan-gun, 287.5 square meters and the fourth-story detached housing on its ground (hereinafter referred to as “the instant real estate,” including the above site and housing), and completed the registration of ownership transfer on November 30, 2015, and completed the registration of ownership transfer for D and B by one half of each share.
D On November 7, 2018, I completed the full registration of the transfer of the shares due to the donation with respect to one half of the instant real estate to I on November 7, 2018.
C. 1) The mortgagee of the instant real estate filed an application for voluntary auction with the Ulsan District Court C regarding the instant real estate. On March 5, 2019, the said court rendered a voluntary decision to commence auction on March 5, 2019, and held the auction procedure (hereinafter “instant auction procedure”).
(2) At the instant auction procedure, the Plaintiff filed a claim for distribution with respect to the claim to return the lease deposit under the instant lease agreement.
The U.S. District Court established the following amount of dividends to be distributed to the creditor (the first priority lessee 17,500,000,000 K 8,800,000 L Company 416,073,0773,9712 of the mortgagee 416,07,077,2663 of the mortgagee 65,167,2663 (the retained earnings) 65,167,266 I6, 65,267,2663 (the retained earnings) 65,167,2663 of the auction procedure of this case after deducting the execution expenses, etc. from the sale proceeds of the real estate of this case on April 23, 2020 (the date of distribution).