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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Facts of recognition;
A. On March 13, 2012, the Plaintiff, a licensed real estate agent, entered into a lease agreement with the co-defendant C of the first instance trial to complete the registration of the establishment of chonsegwon in the name of the Plaintiff on March 27, 2012 (hereinafter “instant lease agreement”) and thereafter move into the instant apartment after completing the registration of the establishment of chonsegwon in the name of the Plaintiff on March 27, 2012, with the lease deposit of KRW 330 million from March 27, 2012 to March 26, 2014.
B. At the time of the conclusion of the instant lease agreement, the instant apartment was established with the priority right holder, one of the maximum debt amount of one bank, one of which was KRW 370,80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, as confirmed by C.
C. On July 16, 2012, C filed an application for commencement of individual rehabilitation procedures, and the Plaintiff filed an application for commencement of voluntary auction based on the right to lease on a deposit basis with the Seoul Western District Court F, in order to prevent the increase in interest included in the secured debt of the senior mortgagee and to ensure the maximum amount of the Plaintiff’s dividends. The said court rendered a voluntary decision to commence the auction of the instant apartment on January 25, 2013.
The amount of KRW 702,864,622 to be distributed to actual dividends (=sale price of KRW 708,90,900,000, interest of KRW 100,882 - Execution cost of KRW 6,136,260) is interest of KRW 325,40,00 on the principal amount of KRW 370,53,047, Korea C&T Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., which is specialized in securitization-backed by the creditor Han Bank, 123 reasons for the distribution ranking of KRW 6,296,457, KRW 330,00,00 on the principal amount of KRW 40,50,00 on the principal amount of KRW 46,796,457.