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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 December 22, 2007, between D and D, the Plaintiff entered into a lease agreement between D and D to lease for a fixed term of 35,000,000,000 lease deposit, and for a fixed term of 24 months from December 26, 2007 (hereinafter “the lease agreement of this case or “the lease contract of this case”) among the three-story buildings on the land, other than D, Busan, Seo-gu, Busan, and the third-story building (hereinafter “the building of this case”; the third-story part, which is the leased part of the Plaintiff, was the leased part of the building of this case, and completed the move-in report on the resident registration on the same day after being transferred the housing of this case from D on December 28, 207.
B. On December 26, 2009, the Plaintiff increased the deposit amount of the instant lease agreement to KRW 50,000,000, and paid KRW 15,000,000 increased to D on the same day.
C. On July 24, 2008, the Korean National Bank Co., Ltd. completed the registration of creation of each collateral (the foregoing collateral security is referred to as the “the first collateral security”, and the second collateral security is referred to as the “the second collateral security”) on June 24, 201, of the maximum debt amount of KRW 1,040,000,000, and on June 24, 201, the Defendant acquired the secured debt of each of the above collateral security from the Korean National Bank.
On June 19, 2013, upon the Defendant’s application, the Plaintiff claimed that the Plaintiff was a small-sum lessee under the Housing Lease Protection Act at the time of the voluntary auction procedure commenced on October 25, 2013 at the same court as C (Duals) upon the application of the limited liability company specialized in emulculation, which acquired the claim from the Busan District Court B, Busan District Court, and the Industrial Bank of Korea, which was a junior mortgagee, as the junior mortgagee, at the same time, obtained a fixed date on August 30, 2013.
E. On July 31, 2014, the date of distribution, the auction court held the Plaintiff as the small lessee (the highest preferential repayment amount of KRW 19,000,000) in relation with the limited liability company specialized in the secondary collateral security and junior collateral security (the lower priority repayment amount of KRW 19,00).