배당이의
1. A distribution schedule prepared on January 17, 2020 by the above court with respect to the case of compulsory auction of real estate in Gwangju District Court C (D).
1. Basic facts
A. In order to secure loan claims by lending KRW 370 million to E, the Plaintiff completed the registration of creation of a mortgage over KRW 444,00,000 for the maximum debt amount with respect to the relevant land and the instant building, the establishment of a mortgage over KRW 444,00,00 for the maximum debt amount with respect to the instant land and the instant building (hereinafter “instant real estate”).
B. On December 21, 2017, the Plaintiff cancelled the registration of the establishment of a neighboring mortgage on December 22, 2017 upon the E’s request that the said establishment of a neighboring mortgage be temporarily cancelled in order to obtain a loan from G Cooperatives, and completed the registration of the establishment of a neighboring mortgage on the instant real estate again on December 22, 2017.
C. On January 8, 2019, according to the E’s creditor H’s application for compulsory auction, the procedure for compulsory auction was initiated with respect to the instant real estate to the Gwangju District Court C on January 8, 2019, and the Plaintiff was also unable to receive the said loan from E, and the auction procedure was initiated on March 28, 2019 by filing an application for voluntary auction.
On May 20, 2015, the Defendant is "the leased object of this case" between E and the building of this case.
After concluding a lease contract with 27,00,000 won as to the lease deposit, the lessee who moved into the leased object of this case on the same day, and on April 23, 2019, reported the right and demanded the distribution in the above auction procedure.
E. On the date of distribution implemented on January 17, 2020, the auction court: (a) deemed the Defendant as the priority lessee for the leased object of this case; (b) 20,000,000 won as the priority lessee for the instant building among the instant buildings; and (c) set up a distribution schedule with the content that distributes the amount of KRW 312,00,000 to the G Union, the mortgagee, and the third priority lessee, to the Plaintiff, the mortgagee, respectively.
(f).