1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff is a lessee of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. The Defendant filed an application for a discretionary auction of real estate (hereinafter “the instant voluntary auction”) with the Chuncheon District Court Won Branch D case with the right to collateral security established on the instant real estate, and the said real estate auction case is in progress.

C. After leasing the instant real estate, the Plaintiff installed and used boilers, heating machinery and equipment, and rooftop solar heat facilities (hereinafter “heating facilities of this case”) as stated in the purport of the instant real estate claim.

The heating facilities of this case have an economic value independently, and they are attached by the rights of lease of the plaintiff, so they are not consistent with the real estate of this case.

E. Therefore, the heating facilities of this case should be excluded from the voluntary auction of this case.

Nevertheless, in the case of voluntary auction of this case, since the heating facilities of this case are conducting a blanket auction with the real estate of this case, it is sought to refuse the voluntary auction of the heating facilities of this case.

2. Determination

A. Comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1 and 3, the fact that the plaintiff leased the real estate of this case, the fact that the plaintiff installed the heating facilities of this case after the lease, and the fact that the auction is being conducted as a package auction of the real estate of this case and the heating facilities of this case in the voluntary auction of this case is recognized.

B. On the other hand, in full view of the records in Eul evidence No. 1 and the fact-finding on the original branch court of Chuncheon District Court's fact-finding, the heating facilities of this case were excluded from the object of sale at the voluntary auction of this case, but at the plaintiff's request, collective auction is being held in the object of sale, and the plaintiff is premised on comprehensive sale.