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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. C on May 6, 2008, acquired the ownership of the first floor of the Seo-gu Seoul Special Metropolitan City D Multi-household Housing No. 101 (hereinafter “instant building”).
C On the same day, on April 30, 2008, with respect to the building of this case as a security against the loans of 60,000,000 won from April 30, 2008 to the Plaintiff (the mine credit union was merged with the Plaintiff after the fact that the mine credit union was changed to the Western Credit Union) set up a first priority collateral security right of 84,00,000 won for the building of this case.
C On March 27, 2013, C created the second priority mortgage right of KRW 13,00,000 with respect to the instant building.
B. As to the instant building, the registration of ownership transfer was completed in the F’s name on March 21, 2014.
C. On July 23, 2014, the Plaintiff’s application for the voluntary auction of real estate based on the foregoing right to collateral security was initiated on July 23, 2014, Daejeon District Court B with regard to the instant building.
The Defendant concluded a lease agreement with F on the instant building with F as follows, and paid the full amount of the lease deposit, and completed a move-in report for resident registration, and made a report on the right and demand for distribution to the said court on the ground that he is a small lessee of the instant building who has resided in the instant building.
Contract date: 20,000,000 won (monthly tax 2,00,000) lease deposit on March 28, 2014: The date of transfer from March 31, 2014 to March 31, 2016 and the fixed date: The date of transfer and the fixed date: March 31, 2014;
On February 26, 2015, the above court prepared a distribution schedule with the content that distributes the amount of KRW 68,252,316 to the Defendant, who is a small lessee, in the first order, to the Defendant, who is the holder of the right to deliver the small amount, KRW 14,00,00,00, and KRW 75,810, and KRW 54,176,506 to the Plaintiff, who is a creditor holding concurrent office as a mortgagee, in the second order.
F. The plaintiff is present on the date of distribution and raises an objection to the total amount of the defendant's dividends.