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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant’s registration of the establishment of a neighboring mortgage 1) D means the movement of the F-872 square meters in the Suwon-si flood Zone and the 2-story building on its ground to E (hereinafter “instant real estate”).
2) A) D completed the registration of establishment of a mortgage on the instant real property to E as security for the right to return the lease deposit, under title 137149, which was received on September 9, 2004 from the Suwon District Court registry of 137149, the maximum debt amount of KRW 260,000,000,000,000,000 won, and the debtor D and the mortgagee E, as security for the right to claim the return of the lease deposit.
(3) On June 5, 2009, the Defendant leased the instant real estate from D as the lease deposit amount of KRW 200 million, monthly rent of KRW 13 million, and the lease term of KRW 24 months (which may be extended by one year under mutual agreement) (hereinafter “instant first lease agreement”). (hereinafter “instant lease agreement”).
(4) On April 25, 2012, Defendant and D entered into a new lease agreement with respect to the instant real estate, which provides for KRW 200 million as lease deposit, KRW 7 million as monthly rent (excluding value-added tax), and KRW 24 months as lease term (which may be extended by one year under mutual agreement).
(5) In order to secure the claim for the return of the lease deposit against D, the Defendant received the instant right of collateral security from E under agreement with E, and accordingly, the Defendant had completed the additional registration of the transfer of collateral security (No. 155169) as of October 25, 2012 on the ground of the transfer of the contract as of June 5, 2009. (B) The decision to commence the auction and the distribution of the instant real estate (hereinafter “instant auction procedure”) had commenced on September 13, 2012 upon the application for auction by the Bank of Korea for the auction by the Bank of Korea (hereinafter “instant auction procedure”).
2 The instant real estate was sold to G on October 27, 2014 in the instant auction procedure. The auction court held that the Defendant of the mortgagee was 150,328,800 won in the order of December 16, 2014.