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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 May 20, 2013, the Defendant purchased two-story houses located in Gangdong-gu Seoul Metropolitan Government E (hereinafter “instant houses”) from D, and completed the registration of ownership transfer on June 21, 2013.
B. On September 24, 2013, the Seoul East Eastern District Court C rendered a decision to commence the sale of real estate with respect to the instant housing. On November 14, 2013, the Plaintiff filed an application for a demand for distribution by asserting that the Plaintiff had preferential right to reimbursement from D, the former owner of the instant housing, as the lessee with the fixed-date lessee who leased the second floor among the instant housing units. On September 12, 2014, an amount of KRW 66,000,000 in total, and KRW 60,000 in total, to the mortgagee who is the lessee of another fixed-date, and KRW 60,00,000 in total, to F, the owner of the instant housing, was excluded from the distribution of dividends.
C. On September 12, 2014, the Plaintiff stated an objection on the aforementioned date of distribution, and filed the instant lawsuit on September 19, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 4, 5, 7, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that since the plaintiff is a tenant with preferential right to payment, 60,000,000 won out of the surplus of this case should be revised as the distribution schedule to the plaintiff. The defendant asserted that the plaintiff did not have preferential right to payment to the plaintiff as the plaintiff is not a genuine tenant.
B. According to the written evidence No. 1-1, No. 1-2, and No. 2-2, the Plaintiff prepared a lease contract with respect to the lease deposit of KRW 60,000,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the lease term of February 22, 2013 through February 21, 2015 (hereinafter “instant lease contract”), and obtained a fixed date on February 23, 2013, and filed a move-in report on August 14, 2013.