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1. The plaintiff's main claim is dismissed.
2. The real estate indicated in the separate sheet between the defendant and B shall be indicated.
Reasons
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 3 and No. 5.
On October 20, 2014, the Plaintiff lent KRW 15 million to B, and completed the registration of creation of a neighboring mortgage on the attached real estate indicated in B, the only property for B as security (hereinafter “instant real estate”).
B. However, with respect to the instant real estate, ① the registration of establishment of neighboring mortgage (the maximum amount of bonds KRW 168,30,000,000, creditor Korean Bank) on March 20, 2014; ② the decision of provisional attachment (the claimed amount of KRW 24,846,082, the creditor card company) on February 16, 2015, Seoul Northern District Court 2015Kadan697 (the claim amount of KRW 24,846,082, the creditor card company)
3. On April 6, 2015, Seoul Northern District Court Decision 2015Kadan1090 (the claimed amount of KRW 3,164,541, creditor A deposit bank), and (4) on April 6, 2015, Seoul Central District Court Decision 2015Kadan36433 (the claimed amount of KRW 5,96,819, creditor Korean Card Co., Ltd.), respectively, was registered.
C. On May 15, 2015, the Defendant entered into a contract for lease (hereinafter “lease”) with a lease deposit of KRW 45 million, monthly rent of KRW 400,000,000, and from May 18, 2015 to May 18, 2017 (hereinafter “instant lease”) with respect to the instant real estate which caused the market price of KRW 225,000,000 with B, and paid the down payment of KRW 2 million on the date of the contract, and received the fixed date after completing the move-in report on the same day.
Then, on August 18, 2015, upon the Plaintiff’s application, a decision to commence a voluntary auction procedure was rendered on August 18, 2015, and the Plaintiff reported the amount of the claim at the above auction procedure to KRW 20,468,852 (i.e., the principal amount of KRW 15 million) (i.e., KRW 5,468,852). On July 28, 2016, the said court made a distribution schedule that distributes the amount of KRW 32 million to the Defendant as a small lessee on the date of distribution, and that the Plaintiff distributes the amount of KRW 13,753,38 in the order of priority 5 as the applicant creditor and the mortgagee.