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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 October 2, 2012, the Plaintiff drafted a lease agreement (hereinafter “instant lease agreement”) between D and D with respect to the Nam-gu Incheon Metropolitan E apartmentF (hereinafter “instant real estate”) with respect to KRW 70 million and the lease term from October 2, 2012 to October 1, 2014 (hereinafter “instant lease agreement”).
B. On October 2, 2012, the Plaintiff transferred the instant real estate to Dong-dong G on November 25, 2015, and thereafter, transferred the instant real estate again on April 11, 2016, and obtained the fixed date of the instant lease agreement on May 16, 2017.
C. D, on July 22, 2015, loaned a total of KRW 250 million ( KRW 172 million in total) from H Co., Ltd. (hereinafter “Nonindicted Bank”), and created a right to collateral security of KRW 300 million in total ( KRW 264 million in total) with respect to the instant real estate.
The non-party bank transferred the above right to collateral security to the defendant. On March 2, 2017, the defendant applied for a voluntary auction on the real estate in this Court C, and the above court rendered a voluntary decision to commence the auction on March 14, 2017.
(hereinafter “instant auction procedure”). (e)
In the auction procedure of this case, the Plaintiff asserted that he leased the apartment of this case from D to KRW 70 million, and applied for a report on the right as a small lessee and a demand for distribution in the auction court.
F. On November 16, 2018, the auction court shall order I Co., Ltd. 757,941,2736 won, and 271,7366 won, and 569,607 won, respectively, to the defendant 200 won, 49,650 won, 19,650 won, distribution tax officials, 200 won, 93,60,600 won, and 93,60,600 won, 292,290 won, 3rd Vice Governors of the National Health Insurance Corporation, and 757,941 won, Seoul Credit Guarantee Foundation, 271,736 won, and 569,607 won, respectively, to the non-party bank.