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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On August 11, 2011, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 80,000,000 on August 11, 201 with respect to each real estate listed in the attached list Nos. 2 and 3 owned by E (hereinafter “instant collateral security”). On December 1, 2011, the Plaintiff cancelled the registration of creation of a neighboring mortgage of KRW 45,000,000 with respect to each real estate listed in the attached list No. E on June 13, 2012.
(2) The E’s share on the real estate in the attached list No. 1 of the attached Table No. 1 was transferred to G on June 14, 2012.
B. On October 22, 2011, the Defendant entered into a lease agreement with E to lease all the second floor household units of the real estate listed in attached Table 3 (hereinafter “instant housing”) on a deposit basis, setting the lease term from November 24, 2011 to November 23, 2013. Of the deposit, KRW 20 million was paid on the date of the contract, and the remainder KRW 80 million was paid on November 24, 201. As a special agreement, the Plaintiff’s right to collateral security (the maximum bond amount of KRW 80 million) established on the said real estate at the time was cancelled on the outstanding payment date.
(hereinafter “instant lease agreement”). On November 24, 201, the Defendant obtained a fixed date in the lease agreement, and on the same day, received the instant house and completed the move-in report.
C. In the Changwon District Court B’s auction of real estate rent B, C(combined), compulsory auction of real estate, and D(Dual) compulsory auction of real estate (hereinafter “instant auction procedure”), the said court, on February 13, 2015, prepared a distribution schedule that distributes KRW 409,098,804 to the Plaintiff and the Defendant, etc., by deducting the cost of execution from the proceeds of sale (including interest) on February 13, 2015.
The priority creditor's amount of credit (the maximum amount of credit) shall be 70,596,180 won as a mortgagee of a right to collateral security at the 70,596.