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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. 1) The Defendant, a non-party C’s ownership, set up a distribution schedule, etc. (hereinafter “instant apartment”) Nos. 1801-dong 804 (hereinafter “instant apartment”).
(2) As to the establishment of a mortgage, the establishment of a mortgage in the amount of KRW 202,80,000 shall be registered on March 30, 2007, which was received on March 30, 2007 by 30852, which was received on March 30, 2007. The maximum debt amount shall be determined as the grounds for the establishment of a mortgage in the amount of KRW 202,80,00. The establishment of a mortgage in the amount of KRW 202,80,00 shall be decided on March 30, 2007, which was received on March 30, 2007 by 30853, which was received on March 30, 2007 by 135,200, and the maximum debt amount shall be determined as the grounds for the establishment of a mortgage (hereinafter referred to as “each of the instant mortgage”).
(2) On August 27, 2013, the Defendant filed an application for voluntary auction of the instant apartment based on each of the instant collective security rights, and on August 27, 2013, there was a voluntary decision to commence the auction procedure following the said decision to commence voluntary auction (hereinafter “instant auction procedure”).
3) In the instant auction procedure, Goyang Branch of the District Court: (a) the amount KRW 260,059,316, out of KRW 260,059,316, which was actually distributed on July 25, 2014, was distributed to the Defendant, who is a creditor under the right to collateral security; (b) the Plaintiff asserted as a lessee regarding the instant apartment; and (c) claimed as a demand for distribution, and (d) the distribution schedule stating that the Plaintiff would be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 16,00,000 out of the dividend amount against the Defendant, and filed a lawsuit of demurrer against distribution on August 1, 2014.
B. The lease contract date for the instant apartment is October 15, 2012; the lease deposit is KRW 23,00,000 for the lease deposit; and the lease term is from November 15, 2012 to November 14, 2014 for the instant apartment as a broker of Nonparty E with an office in Gangseo-gu Seoul Metropolitan Government.