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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 20, 2015, the Plaintiff: (a) signed each lease agreement; (b) On February 20, 2015, Seodaemun-gu Seoul, Seodaemun-gu, 502 (hereinafter “instant apartment”) and 502 (hereinafter “instant apartment”).
(2) On March 13, 2015, the Plaintiff prepared a lease contract with a deposit amount of KRW 80 million, and received a fixed date on March 13, 2015. Furthermore, on November 19, 2015, the Plaintiff completed the move-in report to the said apartment on the said apartment on December 22, 2015, and reported the move-in report to another place on December 22, 2015. Thereafter, on April 5, 2017, the Plaintiff re-established a lease contract with a deposit of KRW 80 million on the said apartment on the same day, and obtained a fixed date in the said move-in report and the said contract on the said apartment on the same day. (2) The Defendant completed the move-in report to the said apartment on April 28, 2015 and completed the move-in report on the said apartment on August 1, 2016, and received the fixed date on April 24, 2017.
B. 1) Voluntary auction and distribution schedule for the apartment of this case 1) The mortgagee's property management company, the mortgagee's property management company for the apartment of this case, filed an application for voluntary auction on the apartment of this case, and the Seoul Western District Court C of Seoul District Court C for the auction procedure for real estate
(2) On July 7, 2017, the Plaintiff reported the right as a lessee to the executing court on July 7, 2017, and the Defendant also reported the right as a lessee to the executing court on July 20, 2017 and made a demand for distribution.
3) On February 8, 2018, the date of distribution of the instant auction procedure, KRW 270,334,50,02, the amount to be actually distributed to the Defendant, who is the holder of the pertinent tax issuance authority, KRW 573,090, the highest lessee, KRW 32,00,000, KRW 219,45,80,000, KRW 219,55,801, and KRW 937,090, KRW 17,368,521, to the Defendant, who is the lessee of the National Health Insurance Corporation, who is the holder of the public imposts, and KRW 17,521, the distribution schedule was formulated. On the other hand, the Plaintiff was distributed to the Defendant on the date of distribution.