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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. On May 26, 2010, the Plaintiff entered into a lease agreement with the Defendant’s wife, setting the lease term of KRW 24 months from June 11, 2010, lease deposit amount of KRW 40 million, monthly rent of KRW 300,000 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 40 million to C the said lease deposit.
B. On January 5, 201, 201, the instant building was sold at the instant auction procedure, and the Plaintiff did not receive any distribution, upon the application by G, a mortgagee, the court below rendered a decision to commence an auction of real estate appointment. The instant building was sold at the said auction procedure.
C. On March 9, 2012, the Plaintiff received a provisional attachment order on real estate (hereinafter “instant provisional attachment order”) with regard to the Defendant and the instant lease deposit amounting to KRW 40,000,000 from the Changwon District Court Decision 2012Kadan698, Changwon-si, Changwon-si, Changwon-si (hereinafter “instant apartment”).
The apartment of this case was jointly owned by C and the Defendant, respectively, one-half shares, but on March 9, 2012, the entry registration of the provisional attachment decision of this case was completed on the whole shares of C and the Defendant in the above apartment.
E. Of the instant apartment, C’s share was sold on December 21, 2012 to Changwon District Court L, a creditor of C, at the request of K, for the real estate compulsory auction procedure. As to the Defendant’s share among the said apartment, the said apartment was sold on September 11, 2013 in the procedure for the Defendant’s compulsory auction for real estate M&D by the Changwon District Court, the Defendant’s share was sold on September 11, 2013 in the procedure for the Defendant’s compulsory auction for real estate auction.
F. In the real estate auction procedure, part of the sales price of the apartment of this case among the apartment of this case was distributed to the Plaintiff who is the provisional seizure authority, and the above auction court was the Changwon District Court in 2013.