beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the debtor of the instant voluntary auction case and the mother of the representative director D of C Co., Ltd. (hereinafter “Nonindicted Company”) who is the former owner of the real estate indicated in the attached real estate (hereinafter “instant housing”) as the debtor of the instant voluntary auction case.
B. 1) On April 26, 2006, the non-party company entered into a mortgage contract with the Busan Bank with the maximum debt amount of 1,200,000,000,000 won with respect to the real estate owned by the non-party company including the instant housing, and entered into a mortgage contract with the non-party company, the debtor company, and Busan Bank with Busan Bank with the Changwon District Court Law No. 9650, Apr. 26, 2006. 2) On September 25, 2006, the non-party company entered into a mortgage contract with the Busan Bank with the non-party company with the Seowon District Court with the maximum debt amount of 600,00,000,000 won with respect to the real estate owned by the non-party company including the instant housing, and completed the registration of creation of mortgage with the Changwon District Court Law No. 25149, Sep. 25, 2006.
(hereinafter referred to as the above 2nd mortgage (hereinafter referred to as the “instant mortgage”). C.
1) On January 30, 2009, the Plaintiff entered into a contract with the Nonparty Company to lease the instant housing without setting the deposit amount of KRW 17,000,000, and the lease period (hereinafter “instant lease contract”).
(2) On November 9, 2009, the Plaintiff completed the move-in report on the instant housing, and obtained a fixed date in the instant lease agreement on February 16, 2015.
1 The Defendant filed an application for the voluntary auction of this case and prepared a distribution schedule with the Changwon District Court for the voluntary auction of this case on the real estate owned by the non-party company, including the housing of this case, and according to Gap evidence No. 1.