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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 October 18, 2012, the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of 2.86 million won with respect to the land indicated in paragraph (2) of the attached Table No. 1 (hereinafter “instant building”) and the building listed in paragraph (1) of the attached Table No. 2 of the same Table, and lent money to C at that time to the Plaintiff who was the
D Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of ownership transfer on July 1, 2013 each real estate listed in the separate sheet.
B. C delayed the payment of the principal and interest of the above loan to the Plaintiff, and on March 15, 2016, the Plaintiff was voluntarily granted a decision to commence an auction (this Court B and hereinafter “instant auction”) with respect to each real estate listed in the separate sheet from this court.
C. On November 4, 2015, the Defendant entered into a lease agreement with Nonparty Company and the instant building No. 305 with a lease deposit of KRW 30 million, the lease term of KRW 50 million from November 5, 2015 to November 4, 2016 (hereinafter “instant lease agreement”) and completed the move-in report as of November 23, 2015.
From September 25, 2014 to August 25, 2015, the Defendant lent a total of KRW 39.6 million to E, and used the claim against the above E as a substitute for the payment of the rental deposit under the instant lease agreement.
(E) On May 13, 2015, the Defendant was appointed as the manager of the non-party company. Meanwhile, on June 14, 2016, the Defendant made a demand for distribution at the instant auction procedure.
Of the dividend of KRW 2,351,837,218 on the date of distribution of the instant auction conducted on March 15, 2017, the Defendant received dividends of KRW 2,351,837,218 as a small lessee, and the Plaintiff received dividends of KRW 2,337,837,218 as a mortgagee.
On the date of the above distribution, the plaintiff raised an objection to the total amount of the defendant's dividends.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5 to 7, Eul evidence 5, the purport of the whole pleadings
2. The parties' assertion
A. The summary of the plaintiff's assertion is the creditor E who was the manager of the non-party company and secured the claim.