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1. The plaintiff's primary claim and preliminary claim against the defendant Maak Agricultural Cooperative are all dismissed.
2...
Reasons
1. Judgment as to the main claim
A. On February 21, 2011, the Plaintiff leased 202 of the Gangseo-gu Seoul Metropolitan Government D Ground Building (Seoul Gangseo-gu) (hereinafter “the instant real estate”) from Defendant B, and acquired the opposing power of the lessee, which is stipulated by the Housing Lease Protection Act, by completing the move-in report and the fixed date as of February 21, 201, and the Defendant Dasan Agricultural acquired the right to collateral security as of February 24, 201 with respect to the said real estate.
Therefore, even though the Plaintiff’s claim for the return of the lease deposit against Defendant 2 priority over the claim of Defendant YC, the court of execution erred in allocating the Plaintiff KRW 25,00,000 out of KRW 68,40,000 to the Plaintiff’s claim for the return of the lease deposit in the course of the voluntary auction proceeding conducted with respect to the said real estate.
Accordingly, the claim of this case was made in order to correct the distribution schedule.
B. On January 12, 201, the Plaintiff entered into a lease contract with Defendant B with the lease deposit amount of KRW 70,000,00 with respect to the instant real estate (a contract deposit of KRW 7,000,000 shall be paid at the time of the contract and any balance shall be paid on February 24, 201) and the monthly rent of KRW 200,000 (a lease contract of this case) with respect to the instant real estate as of February 21, 201, and completed the move-in report with the domicile of the said real estate as of February 21, 201, the Plaintiff obtained a fixed date on the said lease contract as of the same day; ② on February 24, 2011, the Plaintiff agreed to lend the said real estate as security; and ③ on February 24, 2011, the Seoul Southern District Court concluded a mortgage contract with Defendant B with Defendant B as of KRW 158,400,000 with respect to the said real estate as of KRW 33,297.