beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 20, 2010, the Defendant entered into a contract with D to pay the lease deposit amount of KRW 220 million (hereinafter “instant apartment”) from October 20, 2010 to October 20, 2012, on a condition that the lease deposit shall be leased from October 20, 2010 to October 20, 201. Of the lease deposit, the lease deposit amount of KRW 20 million shall be paid on the date of concluding the contract, and the remainder of KRW 200 million shall be paid on October 20, 2010 (hereinafter “instant lease contract”).
B. On October 22, 2010, the Defendant, while filing a move-in report on the instant apartment, obtained a fixed date in the instant lease agreement.
C. On February 6, 2015, D completed the registration of the establishment of a mortgage on the instant apartment with the maximum debt amount of KRW 50 million to the Defendant.
(hereinafter “instant No. 1 collateral security”). D.
D on September 13, 2016, the interest rate of KRW 130 million from E was set at 2% per month, the due date for repayment was set at September 30, 2016 (hereinafter “the instant loan claim”), and on the same day, the registration of the establishment of the mortgage over the instant apartment amount of KRW 150 million was completed to E with respect to the instant apartment.
(hereinafter “instant collateral security”) No. 2. E.
E transferred the instant loan claim to the Plaintiff on May 25, 2017, and on May 31, 2017, the Plaintiff completed the registration of transfer of collateral security on the ground of the instant loan claim transfer on May 25, 2017.
F. The Plaintiff filed an application for a voluntary auction with the Suwon District Court for the instant apartment in accordance with the 2nd collateral security, and continued the auction procedure.
G. In the above auction procedure, the Defendant reported the right to KRW 220,000,000 as security deposit of the instant lease agreement, and KRW 69,919,354 as security of the instant first collateral mortgage, and made a demand for distribution.
H. Upon the sale of the instant apartment in the above auction procedure, the auction court opened a date of distribution on August 22, 2018, and opened the date of distribution to distribute 670,150,602 won.