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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are acknowledged in light of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 5; (c) evidence Nos. 7, 8; and (d) No. 3; and (c) the purport of the entire pleadings as a result of the fact
A. On September 28, 2012, C borrowed KRW 139 million from the Plaintiff on September 28, 2012, and completed the registration of the establishment of a neighboring mortgage with respect to the third floor D Nos. 302 (hereinafter “instant real estate”) owned by C to the Plaintiff on the same day, which is the Plaintiff.
B. On November 8, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C to the effect that the lease deposit amount is KRW 27 million with respect to the instant real estate, the lease term is from November 22, 2012 to November 22, 2014 (hereinafter “the instant lease agreement”), and paid KRW 27 million to C, the lease deposit amount is KRW 24.3 million on November 8, 2012, and the remainder of the lease deposit is KRW 24.3 million with respect to the instant real estate on November 14, 2012, and completed the move-in report at the domicile of the instant real estate, and completed the move-in report with respect to the instant real estate on November 14, 2012. At the time of entering into the instant lease agreement, only the Plaintiff, the mortgagee of the instant real estate, was the mortgagee of the instant lease agreement.
C. On July 9, 2013, the Plaintiff filed an application for the auction of real estate rent based on the above right to collateral security and commenced the auction procedure (hereinafter “instant auction procedure”). In the instant auction procedure, on July 29, 2013, the Defendant asserted that the instant real estate was a small lessee who leased the lease deposit amounting to KRW 27 million prior to the end of the demand for distribution, and filed a demand for distribution, and the Plaintiff filed a report on the right of KRW 161,39,04,040, totaling the principal amount of KRW 139,000,000, interest amount of KRW 22,394,040 in relation to the said right to collateral security.
In the auction procedure of this case, the above court shall take the first order on March 11, 2014, the date of distribution.