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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 20, 2014, the Plaintiff lent KRW 35,600,00 to C, and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant neighboring mortgage”) with respect to the instant real estate owned by C, which is the debtor C, the mortgagee, the Plaintiff, the maximum debt amount, KRW 42,720,000, as the registration office of the Incheon District Court was received on May 20, 2014.
B. On August 25, 2014, the Defendant entered into a real estate lease agreement (hereinafter “instant lease agreement”) with C to lease the instant real estate by setting the lease deposit amount of KRW 17,50,000,00 from August 31, 2014 to August 30, 2016, and completed the move-in report on August 26, 2014.
C. The Plaintiff, a senior mortgagee of the instant real estate, applied for a voluntary auction of the instant real estate to the court B, based on the right to collateral security, and the instant court rendered a voluntary auction decision on March 30, 2015.
(hereinafter referred to as “instant auction procedure”). D.
In the instant auction procedure, the Defendant filed a report on the right to claim the return of deposit and a demand for distribution under the instant lease agreement, and the auction court prepared a distribution schedule to distribute to the creditors the amount of KRW 36,495,730, which is the amount to be actually distributed after deducting the execution cost from the sale price and interest on April 14, 2016, which is the date of distribution, as follows:
The grounds for dividend priority creditors are as follows: (a) the person who has the right to deliver (tax) 90,380 won in Nam-gu Incheon Metropolitan City, 200 won (tax) 1,49,940 won in Suwon-si, 324,340 won in Suwon-si, 324,340 won; (b) the person who has the right to attach (tax) 6,013,530 won in 4,000 won in 4,000 won in 2,091,898 won in 4,000 won in 2,000 won in 4,000 won in 4,000 won in 6,013,530 won in 4,000 won in 6,013,54,156 won in 4,000 Incheon Metropolitan City.