배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. E and F completed the registration of ownership transfer on October 31, 2006 with respect to buildings moving 755 square meters in Seongbuk-gu Seoul Metropolitan Government G large scale and its ground mobile buildings (hereinafter “instant buildings”) one-half shares, respectively.
B. On October 22, 2010, H Bank completed the registration of the establishment of a neighboring building of KRW 4,680,000 with respect to the instant building and its site (hereinafter “mortgage”), and the Seongbuk-gu Seoul International Ground Building (hereinafter “instant neighboring building”) adjacent to the said site as joint collateral.
C. On January 17, 2014, the Defendant entered into a lease agreement with E and F to set the lease deposit of KRW 45,000,00 with respect to the instant building J (hereinafter “instant lease agreement”). Around that time, the Defendant obtained a fixed date in the said lease agreement and completed the move-in report to the said building J.
On February 27, 2015, the Seoul Northern District Court rendered a decision to commence the auction of real estate rent to K around February 27, 2015, and the Seoul Northern District Court L(Dual and Overlapping) and M(Dual) rendered a decision to commence the auction of real estate rent. The Plaintiff received the instant mortgage and the secured claim from H bank.
E. In the above auction procedure, on October 25, 2017, the above court, as a lessee of small amount, prepared a distribution schedule with a content that distributes KRW 25,00,000 to the Defendant, as a lessee of small amount, N, andO of a fixed date, KRW 40,000,000, KRW 60,000, and KRW 465,061, KRW 21,03,959, KRW 5,846,77,90 to the Defendant, as the lessee of small amount, and the lessee of small amount, Seongbuk-gu and the mortgagee of small amount, in the order of priority, KRW 25,00,00,000, KRW 60,000
(hereinafter “instant distribution schedule”). E.
On October 25, 2017, the Plaintiff raised an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on October 30, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 11, 13, Eul evidence Nos. 1, 6, 16, 19 (if any, numbered).