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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. On April 20, 2012, Nonparty B and D established a collateral security (hereinafter “instant apartment”) with respect to the debtor G, the creditor, the defendant, and the maximum debt amount of KRW 234,000,000 with respect to the Plaintiff’s loan and the Plaintiff’s move-in report (hereinafter “the instant apartment”), which were owned by B as of April 20, 201, and obtained a loan from the Defendant (hereinafter “the instant loan”).
(2) However, prior to the instant loan, the moving-in report was made in the name of the Plaintiff, which was the son of B regarding the instant apartment.
B. A final and conclusive decision to recommend settlement in the process of the relevant auction and lawsuit of demurrer against distribution (1) Upon the delay of the interest on the instant loan, the Defendant bank filed an application for voluntary auction against the instant apartment, and rendered a decision to voluntarily commence auction to H with the Incheon District Court (hereinafter “instant voluntary auction”), and the said apartment was sold to a third party on July 30, 2015.
(2) In the instant voluntary auction procedure, the Plaintiff asserted that he has the right to claim the return of lease deposit equivalent to KRW 130,000,000, and made a report on the right and demand for distribution. The Plaintiff prepared a distribution schedule that distributes the remainder of KRW 108,334,30 to the Defendant in the first order of priority in the distribution procedure, and the remainder of KRW 108,30 to the Defendant.
(3) As of September 24, 2015, the Defendant raised an objection to the distribution against the Plaintiff on the date of distribution to the effect that the Plaintiff was the largest lessee who was recruited between the father and the father (Seoul District Court Decision 2015Da55938), and the above court on June 10, 2016, considering the following: (i) the Plaintiff was between the lessor I and the mother, and the Defendant received confirmation that there was no lease from the debtor G and the offerer B at the time of the instant loan, and (ii) the market price of the apartment of this case was 260,000 won; and (iii) the Plaintiff raised an objection to the distribution against the Plaintiff by the Defendant against the Plaintiff on June 10, 2016.