배당이의
1. Of the instant lawsuit, the part against Defendant B Company was terminated on August 29, 2018 as the withdrawal of the lawsuit.
2. The plaintiff.
1. Basic facts
A. On December 13, 2005, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a construction contract with the F Housing Association under which the construction work of G apartment was contracted.
B. On August 18, 2006, the F Housing Association entered into an apartment supply contract with H to the effect that the members’ contributions with respect to the above apartment I were changed from 359,000,000 to 324,000,000 won. H paid the part payment of the apartment payment of KRW 120,000 on September 19, 2006.
C. On October 27, 2008, the F Housing Association completed registration of initial ownership relating to the G Apartment I (hereinafter “instant apartment”). D. The F Housing Association completed registration of initial ownership relating to the G Apartment I (hereinafter “instant apartment”).
The Plaintiff entered into a real estate lease contract with H on March 30, 2009 with a lease deposit of KRW 189,240,000 for the instant apartment and from March 31, 2009 for a period of 189,240,000 for the term of lease from March 31, 2009, and occupied the said apartment at that time. On January 13, 2010, the Plaintiff obtained a fixed date in the said lease contract and completed the move-in report for the said apartment on January 14, 201.
E. On March 29, 2013, the Plaintiff increased the deposit to KRW 340,00,000, and entered into a lease agreement with the term of lease from March 29, 2013 to KRW 24 months, and obtained the fixed date on September 3, 2014.
F. On July 25, 2014, the creditors of the F Housing Association filed an application for compulsory auction on the instant apartment, etc., and the auction procedure (U.S. District Court Ansan support E) was conducted. On September 12, 2014, the Plaintiff filed a report on the right to lease deposit amount of KRW 340,000,000.
G. A court of execution decided the amount of KRW 1,771,832,440 to be actually distributed to Defendant B, the mortgagee of the right to collateral security, distributed KRW 958,864,475 to Defendant C, the mortgagee of the right to collateral security, and KRW 366,528,714 to Defendant C, the mortgagee of the right to collateral security (hereinafter “Defendant C”). However, the court of execution prepared a distribution schedule with the content that the Plaintiff did not distribute to the Plaintiff, and the Plaintiff is the date of distribution.