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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 September 3, 2015, E, a director of D, upon receiving a loan from the Defendant, concluded a mortgage agreement with respect to G apartment H (hereinafter “instant apartment”) located in the Defendant and Kimpo-si, G apartment H (hereinafter “instant apartment”) and 836 square meters prior to I in Gyeonggi-si, and 1,183 square meters prior to J. The Defendant concluded a mortgage agreement with respect to the instant apartment as of September 4, 2015 with the Incheon District Court’s Branch Branch Branch Kimpo-si, Kimpo-si, and with respect to each of the instant apartment, as of September 4, 2015, the Suwon District Court’s Branch Branch Office (37151) received on September 4, 2015, and completed the registration of the creation of the mortgage (hereinafter “instant apartment”).
B. On January 6, 2017, K, a senior mortgagee, of the instant apartment, filed an application for voluntary auction on the instant apartment with the Incheon District Court Branch C, and the said court rendered a decision to commence the voluntary auction on January 9, 2017 (hereinafter “instant voluntary auction procedure”).
(2) On March 14, 2017, the Plaintiff filed a report on the right and demand for distribution as to the lease deposit amount of KRW 60 million, as a lessee with a fixed date in the instant voluntary auction procedure.
C. On November 8, 2017, the auction court: (a) distributed KRW 281,136,463 in the amount of actual dividends, calculated by deducting KRW 3,892,467, from total sales proceeds, interest, etc. from KRW 285,028,930; and (b) the distribution court distributed KRW 81,848,816 to the Defendant, who is the mortgagee of the instant case (hereinafter “instant distribution schedule”); and (c) the distribution schedule that distributes KRW 81,848,816 to the Defendant (hereinafter “instant distribution schedule”).
(2) On November 8, 2017, the Plaintiff appeared on the date of distribution of the instant voluntary auction procedure, and raised an objection as to KRW 60 million out of the Defendant’s dividend amount, and thereafter filed the instant lawsuit on November 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 8, 14, Eul evidence No. 5-3, and all pleadings.