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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. From December 2, 2013, the Plaintiff leased 107, Nam-gu E-gu, Nam-gu, Seoul (hereinafter “instant building”) for lease deposit amounting to KRW 20 million and moved out.
B. As the Plaintiff failed to refund the lease deposit after the removal from the instant building, the Plaintiff applied for the order of lease registration to the Daegu District Court Branch Branch of Port (2016 termed 21) and completed the registration of the instant building on August 16, 2016.
C. Meanwhile, on February 16, 2015, after the Plaintiff’s eviction, F leased the instant building and completed the move-in report.
Since then, F received dividends of KRW 14 million as a small lessee in the distribution procedure in the Daegu District Court Branch C and D real estate auction case (hereinafter “instant distribution procedure”). D.
The Defendant received dividends of KRW 1,532,760 in the dividend procedure in the order of 9 as a lessee of small claims and a lessee of the fixed date registry in the order of 14 million won.
[Reasons for Recognition] Each entry of Gap 1-4 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion completed the registration of housing lease concerning the building of this case before the auction procedure. Thus, in the dividend procedure of this case, the plaintiff was excluded from dividend despite having to receive the priority repayment as a small lessee pursuant to Article 8 of the Housing Lease Protection Act.
Therefore, the distribution schedule should be revised to distribute the dividend distributed to the Defendant to the Plaintiff.
3. Even if a lessee, who had an opposing power or preferential right to payment, loses possession of a leased house after the termination of the lease, he/she may apply for the order of lease registration as long as the deposit is not returned (see Supreme Court Decision 2003Da62255, 6262, Oct. 28, 2004), and in such a case, he/she has acquired opposing power and preferential right to payment by the registration of the lease, but in such a case, he/she shall be deemed to have acquired opposing power and preferential right to payment from
However, the Plaintiff.