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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. From D’s 3 to 5th floor of the building in Seo-gu Incheon, the Plaintiff’s wife transferred the above bath to KRW 105,00,000,00, and the Defendant’s wife F used the above bath bath (the part distinct from the above E’s Sejong) and the store store to KRW 170,00,000, respectively, and G used the bath bath room to KRW 15,00,00,00, respectively, and the above sub-lessee paid its security deposit to D.
B. On January 31, 2013, with respect to the above sub-lease contract, a sub-lease contract was made up until February 13, 2015 with D, sub-lessee Defendant, Defendant , Sub-lease deposit 290,000,000, and the sub-lease period.
To secure each bond of F and G, the secured debt amount of KRW 235,00,000 (the changed to KRW 185,000,000 on March 28, 2013) was created on February 18, 2013 as to the H land of Incheon Nam-gu, in which the secured debt amount of KRW 105,00 is owned by D, to secure the right to collateral security and the secured debt of KRW 185,00.
C. Although D terminated the above sub-lease contract, it failed to refund the sub-lease deposit to the Plaintiff and the Defendant. Accordingly, on July 28, 2016, the Incheon District Court I real estate auction procedure initiated by the Defendant upon filing an application for real estate auction based on the above sub-mortgage, which was finally acquired by the Defendant from the Defendant on July 28, 2016, paid KRW 185,00,000, which is the total amount of the claim with the fourth priority collateral, but the Plaintiff received only dividends of KRW 41,15,268, which is 39.2% of the amount of the claim as the first priority collateral holder.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, part of Gap evidence No. 7, the purport of the whole pleadings
2. The plaintiff's assertion and judgment that the defendant concluded a sub-lease contract with D who is a sub-lease, and thus, the defendant should distribute all of the amounts distributed by each of the above sub-mortgage in the dividend procedure pursuant to Article 408 of the Civil Code according to the ratio of sub-lease deposit with the plaintiff, the defendant, and G.