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1. The plaintiff's primary claim against the defendant B is dismissed.
2. The real estate in the annexed sheet between Defendant B and C.
Reasons
1. Basic facts
A. On January 6, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the real estate attached thereto (hereinafter “instant real estate”) as the receipt of the maximum debt amount, No. 1012, Jan. 5, 2012, as the Incheon District Court received on January 5, 2012, with respect to the real estate leased to C as of January 6, 2012 as of January 6, 202, and as of January 6, 2027.
B. Meanwhile, on September 29, 2014, Defendant B leased the instant real estate to C with the lease deposit of KRW 23 million, monthly rent of KRW 320,000,000, and the lease term of KRW 329,000 from September 29, 2014 to September 29, 2016. As a special agreement, Defendant B, upon the cancellation of three provisional seizures in the certified copy of the register, paid the rent from the following month.
(hereinafter “instant lease agreement”). C.
Defendant B transferred the lease deposit amount of KRW 23 million to the account of C on the above contract date, and completed the move-in report on the same day and received the fixed date.
At the time of September 29, 2014, A of the certified copy of the registry of the real estate of this case was registered as the provisional attachment registration of KRW 6,930,662 of the KFF National Card's claim amount as of April 22, 2014, the provisional attachment registration of KRW 25,405,576 of the claim amount as of May 29, 2014, the provisional attachment registration of KRW 52,750,000 of the claim amount as of June 20, 2014, and the provisional attachment registration of KRW 52,750,000 of the claim amount as of June 20, 2014 was completed in the Gu of Eul.
E. The Plaintiff did not pay the principal and interest of the instant real estate due to C’s failure to repay the principal and interest of the instant real estate, and filed an application for a voluntary auction of the pertinent real estate with the Incheon District Court D’s District Court on January 9, 2015.
(f) Defendant A, as a party to a wage obligee, made a report on the right and demand for distribution in the instant auction procedure as a lessee.
G. This Court made a demand for distribution to a wage creditor on the date of distribution conducted on October 14, 2015.