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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. In the Suwon District Court C real estate auction case (hereinafter “instant real estate”) established with respect to Suwon-si D apartment E (hereinafter “BE”), the said court, on July 17, 2018, distributed the amount of KRW 244,472,495, to be actually distributed on the date of distribution implemented on July 17, 2018, and prepared a distribution schedule in the order of first priority to distribute the entire amount to the Defendant, who is the mortgagee, as the
C. The Plaintiff asserted as the lessee of the instant real estate and claimed a distribution of the lease deposit, but was excluded from the distribution, the Plaintiff appeared on the date of distribution on July 17, 2018 and raised an objection against KRW 45,00,000 out of the amount of distribution to the Defendant, and filed the instant lawsuit on July 23, 2018.
[Ground of recognition] Facts without dispute, Gap 4, 6 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff is the lessee with preferential payment right regarding the instant real estate. On the other hand, as the mortgagee of the instant real estate as of July 17, 2018, the Defendant submitted a claim statement that: (a) the secured claim amount of KRW 219,00,000,00 of the loaned principal as of July 17, 2018; and (b) KRW 3,809,510; and (c) interest KRW 35,937,948; and (d) KRW 258,747,45, and was paid dividends of KRW 24,472,495 in the first priority of the date of distribution on the instant real estate, but there is no ground for the interest among the secured claims asserted by the Defendant. Therefore, the Plaintiff does not constitute the lessee with preferential payment right; and (b) the Defendant’s amount calculated as of July 17, 2018, as calculated as of the Defendant’s claim’s account statement as to the Defendant’s secured claim is justifiable.
B. Comprehensively taking account of the overall purport of the arguments and arguments as seen earlier, the Defendant’s claim amount, the mortgagee of the instant real estate, as of July 17, 2018, is the principal amount of KRW 219,00,000, and the provisional payment amount of KRW 3.