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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary and conjunctive claims are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Facts of recognition;
A. On August 6, 2008, the Plaintiff lent KRW 50,000,00 to C on August 6, 2008, and completed the registration of the establishment of a neighboring mortgage amounting to KRW 65,00,000 with respect to the 1623, Dong-gu, Seocheon-gu, Busan (hereinafter “instant apartment”).
B. On November 26, 2012, the Defendant entered into a real estate lease contract (hereinafter “instant lease contract”) with the lease term from December 5, 2012 to December 5, 2014, setting the lease deposit amount of KRW 22,00,000, and obtained the fixed date of the lease contract on December 5, 2012, and completed the move-in report on the instant apartment on January 10, 2013.
C. On February 15, 2013, at the request of the National Bank of Korea, Co., Ltd., the first and second secured mortgage, the apartment of the instant case, the auction procedure was initiated on February 15, 2013 (hereinafter “instant auction”). The Defendant asserted in the above auction procedure that it is a small lessee under Article 8 of the Housing Lease Protection Act regarding the instant apartment, and filed a report on the right and demand for distribution with the court of auction.
On January 7, 2014, among the amount to be actually distributed on the date of distribution 301,345,725 won, the auction court recognized the defendant as a tenant of small claims having the highest priority repayment right and distributes the amount of KRW 16,00,000 in the first order. The case, the applicant creditor, is likely to have taken over the secured claim under the first and second collective security right against the apartment of this case from the national bank, a limited company specializing in securitization, the applicant creditor.
In the second order, the distribution schedule was drawn up, which distributes 285,345,725 won (hereinafter “instant distribution schedule”).
E. On January 13, 2014, the Plaintiff filed an objection against the entire amount of distribution to the Defendant on the date of the said distribution.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 and 3, each of Gap evidence 1, 2, and Gap evidence 4-2, the purport of the whole pleadings
2. The primary description;