beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. On August 25, 2010, the Plaintiff entered into a lease agreement with F and the store listed in the attached Table (hereinafter “instant store”) to lease with a fixed amount of KRW 10 million by August 24, 2012 as the lease term until August 24, 2012, and KRW 650,000 per month of rent.
(hereinafter referred to as “previous lease”). (b)
After that, the owner of the instant store transferred from F and G to G (hereinafter “the deceased”). On March 4, 2013, the Plaintiff concluded a lease agreement to lease the deceased and the instant store by setting the deposit amount of KRW 10 million until April 4, 2016, and KRW 800,000 per month for rent.
(hereinafter “the lease of this case”). C.
The deceased C died on June 12, 2015, and the defendant was appointed as an administrator of inherited property of the deceased.
The National Bank Co., Ltd. filed an application for the auction of real estate rent to Suwon District Court E as the mortgagee on the instant store, etc. on September 1, 2016, and the execution court rendered a decision to commence the auction of the instant store, etc. on September 1, 2016.
(hereinafter “instant auction”) e.
Of the amount to be distributed actually on July 27, 2017, a court of execution prepared a distribution schedule that distributes each of the surplus of KRW 1,160,261 and surplus of KRW 13,772,790 to the third-class debtor and the owner of the fifth-class debtor and the holder of the fifth-class debtor. On July 27, 2017, the Plaintiff appeared on the date of distribution and stated that he/she raised an objection against the Defendant in total of KRW 14,93,051, and filed the instant lawsuit on August 1, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 6
2. The assertion and judgment
A. The summary of the parties’ assertion 1 is the lessee who registered his business by leasing the instant store and obtained a fixed date and has the preferential right to payment under the Commercial Building Lease Protection Act, and who is the owner and the debtor in the instant auction procedure.