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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 19, 2004 and March 9, 2012, in order to secure financial claims against C, the Plaintiff exercised the right to collateral security on the attached list owned by C, and the auction procedure of real estate auction was initiated to the Jung-gu District Court B on May 10, 2013.
B. The Plaintiff, as a mortgagee of the right to collateral security, claimed the amount of KRW 236,609,223. The Defendant, as a lessee of the small amount under the Housing Lease Protection Act, filed a report on each right and demand for distribution by setting the amount of KRW 22,00,000 as the claimed amount. The auction court prepared a distribution schedule that distributes the amount of KRW 164,06,867 to the Plaintiff, and the Defendant distributed the amount of KRW 22,00,000 to the Defendant (hereinafter “instant distribution schedule”).
C. The Plaintiff raised an objection against the Defendant on the date of distribution, and thereafter filed a lawsuit of demurrer against the distribution of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 10, and the purport of whole pleading
2. The plaintiff's assertion
A. The distribution schedule of this case prepared by the auction court by recognizing the defendant as a small lessee under the Housing Lease Protection Act, even though the defendant was the most lessee who entered into a false lease agreement with C, is unfair. Thus, the distribution schedule of this case must be corrected as stated in the purport of the claim
B. Even if the lease contract between the Defendant and C is valid, this constitutes a fraudulent act that constitutes an act detrimental to the creditors including the Plaintiff, and thus, the lease contract between the Plaintiff and C should be revoked, and the instant distribution schedule should be revised as stated in the purport of the claim.
3. Determination
A. According to each of the evidence Nos. 1, 4 through 6, and 8 (including paper numbers) as to the claim for objection against distribution, the Defendant leased the instant real estate from C during the period from April 8, 2013 to April 7, 2015, without real estate intermediaries’ brokerage, on March 7, 2013, two months before the instant decision to commence the auction was rendered.