Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) On February 4, 2014, the Plaintiff entered into a lease agreement, etc., as part of the lease-to-rent rental housing support project with a view to stabilizing the residential life of low-income low-income households (hereinafter “instant housing”).
B) As between B and B, “the Plaintiff leased from B a deposit of KRW 35 million, and the period from February 14, 2014 to February 13, 2016, the Plaintiff leased the leased object of this case from B to KRW 39 square meters (hereinafter “the leased object of this case”). B, as a person eligible for support, including juvenile families selected by the Plaintiff, shall deliver the leased object to C by February 14, 2014 (hereinafter “the instant lease agreement”).
2) On February 4, 2014, C concluded a move-in report on resident registration with the instant house.
3) On February 5, 2014, the Plaintiff obtained a fixed date on the instant lease agreement. (b) On the other hand, on October 21, 201, the Defendant applied for voluntary auction of the instant housing, etc. to the court on July 21, 2015, following the completion of the registration of creation of a neighboring mortgage with a maximum claim amount of KRW 120 million as to the instant housing, and the Defendant applied for the voluntary auction of the instant housing, etc. to the Defendant on July 21, 2015. (c) On May 12, 2016, the instant court issued a decision to commence voluntary auction of the instant housing, etc. on May 12, 2016. (1) The instant court, in the first priority lessee from KRW 167,749,607 to the date of actual distribution on May 12, 2016, in the order of KRW 72 million,200,000,2340,6405,7.
2) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 19 million out of the amount of distribution to the Defendant, and filed the instant lawsuit on May 19, 2016, which was seven days thereafter.