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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 8, 2014, D, the husband of the Plaintiff, leased KRW 30 million to E as collateral, and completed a lease contract with the lessee, setting the deposit amount of KRW 23 million, and the term of lease from January 15, 2014 to January 14, 2016 (hereinafter “lease”) with respect to the Gu-si F and G Officetel No. 305 (hereinafter “instant officetel”), owned by the Plaintiff as the lessee, with respect to the instant officetel No. 305 (hereinafter “instant officetel”), and obtained the move-in report and the fixed date on January 15, 2014.
B. D completed on June 17, 2013, the establishment registration of a mortgage, the maximum debt amount of which is KRW 45 million, with respect to the studio of this case and 307 on the same ground from E, the transfer of the said lease.
C. On the other hand, on June 5, 2013, the Defendant lent interest of KRW 50 million to E as three copies per month, and as of July 5, 2013, between E and E on the same day, as a collateral, entered into a mortgage contract with the Defendant as a mortgagee, with a maximum amount of debt regarding the instant officetels and the instant officetel No. 307 on the same ground, and completed the registration of creation of a neighboring mortgage on the same day (hereinafter “instant collateral security”).
E did not repay the above debt, the Defendant filed an application for voluntary auction with the District Court C on the basis of the foregoing right to collateral security and received a decision to commence the auction of the instant officetel on February 21, 2014.
E. In the above auction procedure, the court of execution shall order 207,769,287 won to pay the actual dividends on November 27, 2014, the date of distribution, 207,769,287 won to H, the lessee of a small amount of money, and order 350,370 won to the National Health Insurance Corporation, the holder of the right to issue the second priority to the Korea Health Insurance Corporation, which is the holder of the right to deliver the second priority, and 47,76,491 won to the limited liability company specializing in securitization and 47,767,491 won, and 3rd priority to the defendant, the applicant of the right to claim the distribution, who is the holder of the right to claim the distribution, and 68,410,958 won and 4th priority to D6,778,81 won.