All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On June 7, 2013, the Plaintiff leased the instant building from C to June 24, 2018, with the lease deposit amounting to KRW 45 million, monthly renting KRW 800,000,000, and the lease term from June 25, 2013 to June 25, 2016. On June 25, 2016, the said lease term expires, the Plaintiff leased the instant building from C with the lease deposit amounting to KRW 50,00,000,000, monthly renting KRW 1750,000,000 from June 25, 2016 to June 24, 2018 (hereinafter “the lease”).

On September 28, 2017, C completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the attached list (hereinafter “instant real estate”) with respect to the Defendant, on the same day, the registration of creation of the right to collateral security (hereinafter “instant right”). On October 13, 2017, C changed the maximum debt amount of the instant right to collateral security (hereinafter “instant right to collateral security”) to KRW 650,000,000,000.

On October 10, 2018, when the Plaintiff was unable to refund the lease deposit from C after the expiration of the lease term of this case, the Plaintiff filed an application for provisional attachment No. 2018Kadan827, Daegu District Court Branching the Daegu District Court’s claim for the refund of KRW 40 million with respect to the instant real estate as the preserved claim (hereinafter “provisional attachment”) and received a provisional attachment order from the Daegu District Court on October 11, 2018.

In the proceedings of D (E), F (F) real estate compulsory auction (hereinafter “instant auction”) regarding the instant real estate, the Plaintiff reported on October 30, 2018 the claim for the refund of lease deposit amounting to KRW 40 million, a preserved bond, in accordance with the decision of provisional seizure of this case, and demanded the distribution of KRW 40 million.

On October 16, 2019, Daegu District Court's support for racing distributed KRW 505,230,843 to the defendant, who is the second mortgagee in the auction procedure of this case, and excluded the plaintiff from the distribution of dividends.