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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. The Defendant completed the registration of creation of a mortgage on December 27, 2012 with respect to the apartment building Nos. 101, 201, 201, and 201 (hereinafter “the apartment building of this case”) owned by Nonparty D, Jeonnam-do, Seoul-do, and the debtor D and the mortgagee as the Defendant of the second priority collective security.
B. On March 8, 2016, with respect to the instant apartment, the procedures for compulsory auction by this Court C upon the application of the Credit Guarantee Fund, and the procedures for voluntary auction by this Court F upon the application of the Hyundai Capital Co., Ltd., Ltd., the first mortgagee of the right to collateral security on May 17, 2016, respectively commenced.
(hereinafter “instant auction procedure”). C.
D as the author of D, the Plaintiff, who completed the move-in report on October 31, 2012 with Nonparty G and Dong C, one of his own children, and with Nonparty H, filed a move-in report on the instant apartment on October 31, 2012, asserting that, at the instant auction procedure on April 20, 2016, the Plaintiff was a small lessee who leased the instant apartment from D, and filed a report on the right and demand for distribution as follows.
(3) Term of lease: From October 12, 2015 to April 20, 2016, the transfer date: 5 October 31, 2012: 5 A fixed date: October 12, 2015.
In the instant auction procedure, on January 25, 2017, the court of auction: (a) distributed KRW 294,870 to the Uanan-gun, the holder of the right to issue a distribution, KRW 218,874,002, and KRW 17,841,109 to the Defendant of the right to collateral security (hereinafter referred to as the “instant distribution schedule”) in the second order; and (b) set up a distribution schedule (hereinafter referred to as the “instant distribution schedule”) with the content that the Plaintiff excluded from the distribution of dividends.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 14,00,00 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on February 5, 2017.
Grounds for recognition: Facts without dispute, Gap 2-4 evidence, Gap 6, 8, and 10 evidence, respectively.