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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 18, 2012, the Plaintiff entered into a lease agreement with the Defendant and one parcel of K Apartment L (hereinafter “instant apartment”) outside the Jancheon-si, Dongcheon-si (hereinafter “instant apartment”) with a period of KRW 70 million and KRW 24 months with respect to the lease deposit, and obtained a fixed date on October 11, 2013.
B. On April 15, 2014, the Plaintiff entered into a lease agreement with the Defendant to increase the deposit amount to KRW 40 million with KRW 110 million, with the term of lease up to May 15, 2016.
C. On the other hand, on September 16, 2004, the Plaintiff made a move-in report at the address of the apartment in this case and maintained it thereafter.
In the case of a compulsory auction for real estate (hereinafter “instant auction”), Defendant E Co., Ltd. (hereinafter “E”) commenced upon filing an application for a compulsory auction for the instant apartment, the distribution schedule was formulated in order of March 5, 2019 to distribute the dividends of KRW 17,177,415 to Defendant B Co., Ltd., as the person holding a provisional attachment or a distribution right, KRW 18,740, and KRW 5,407,767 to Defendant C Co., Ltd., Ltd., and KRW 16,636,347 to Defendant Industrial Bank of Korea, KRW 6,671,99, and KRW 5, and KRW 17,898,179 to Defendant E Co., Ltd., Ltd. (hereinafter “instant distribution schedule”).
E. On March 5, 2019, the Plaintiff made a statement of objection to the distribution against the Defendants on the date of distribution of the said auction case, and filed a lawsuit of objection to the distribution within seven days thereafter.
【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 4, and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff has priority payment and preferential payment claims under the Housing Lease Protection Act, and is in a position to receive dividends in preference to the Defendants, and thus, the part prepared to distribute dividends to the Defendants out of the aforementioned distribution schedule is deleted.