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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis of facts do not conflict between the parties, or may be admitted upon full consideration of the purport of the whole pleadings in the statements in Gap evidence Nos. 1 to 4, 10 to 21 and evidence Nos. 1 and 2.
(2) On June 22, 2018, the Plaintiff completed the supplementary registration of the right to collateral security transfer on the ground of the transfer of the finalized claim amount of KRW 178,800,000 of the maximum debt amount and KRW 73,200,00 of the maximum debt amount and the maximum debt amount of KRW 73,20,00,00, as well as the right to collateral security, for which the creation registration was completed with respect to the G apartment and H (hereinafter “instant apartment”) owned by F Co., Ltd. on June 22, 2018.
3) On July 7, 2017, the Plaintiff established a pledge on each of the above secured claims against I Co., Ltd. on the same day as the supplementary registration for the transfer of the right to collateral, and completed additional registration for the establishment of the right to collateral security. 4) The Plaintiff also established a pledge on the secured claims with respect to the secured claims of KRW 178,80,000 on July 6, 2018 to J Co., Ltd., and completed additional registration for the establishment of the right to collateral security. (B) On July 7, 2017, the Defendant entered into a lease agreement with the Defendant with respect to the apartment of this case with the period from July 10, 2017 to July 10, 2017, with the amount of KRW 20,000,000, monthly rent of KRW 600,000 (hereinafter “instant lease agreement”).
2) The Defendant obtained a fixed date from K on July 7, 2017, which entered into the instant lease agreement, and operated a public book room while residing in the instant apartment. (c) At the time of March 27, 2018, the auction procedure relating to the instant apartment and the instant distribution schedule 1), which was the mortgagee of the right to collateral security of the instant apartment, was initiated at the request of F Co., Ltd., which was the mortgagee of the instant apartment (hereinafter “instant auction procedure”).
2. In the auction procedure of this case.