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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 and the overall purport of the pleadings:
C has completed the registration of ownership transfer on April 8, 2003 with respect to the buildings listed in the separate sheet, and completed the registration of ownership transfer on the said building on November 28, 2007 as the maximum debt amount of 449,80,000,000 won, the debtor D and Solomon Mutual Savings Bank as the debtor D and Solomon Mutual Savings Bank as of November 28, 2007. On July 29, 2008, the registration of creation of a neighboring mortgage was completed, which was determined as the debtor D and Solomon Mutual Savings Bank as of July 29, 2008, and the defendant was transferred the said two-mortgage on April 20, 2010.
B. The obligor D of the foregoing right to collateral security is the co-existence of the mortgagee C, and the Plaintiff’s mother of the instant case.
C. On August 31, 2012, the above court: (a) prepared a distribution schedule stating that the buildings listed in the separate sheet are distributed only to the Gwangju city and the defendant who is the mortgagee, the holder of the right to deliver, and (b) raised an objection against KRW 30,000,000 out of the amount of dividends against the defendant at the time of distribution on August 31, 2012 by the plaintiff’s agent, who was present on the date of distribution; and (c) raised an objection against the defendant.
In the auction case of this case, the Plaintiff filed a report on the right and the demand for distribution, and the content thereof was that the Plaintiff leased the building listed in the attached list from the owner C to KRW 30,000,000, and the fixed date of the lease contract was the lessee and the fixed date of the lease contract was December 7, 2010, and all the date of the move-in and move-in report was April 14, 2009.
2. The Plaintiff, as a lessee of the building indicated in the separate sheet, has the right to receive the priority dividend of KRW 12,00,000 out of the deposit under Article 8(1) of the Housing Lease Protection Act, in the instant auction procedure concerning the said building.