배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 2, 2015, the Plaintiff leased 404 (hereinafter “instant real estate”) of the Busan Northern-gu G building from Nonparty F to April 1, 2015, the deposit amount of KRW 40,000 without monthly rent was set from April 2, 2015 to April 1, 2016 (hereinafter “instant lease agreement”), and the same day of the move-in report was made, and the fixed date was occupied after obtaining a fixed date.
B. On August 12, 2015, the instant real estate transferred ownership to Nonparty H on grounds of sale on June 26, 2015, and H succeeded to the lessor’s status under the instant lease agreement.
C. Although the Plaintiff agreed to terminate the instant lease agreement before the expiration of H and the term, the Plaintiff failed to recover KRW 10,000,000, out of the deposit until March 7, 2016. On March 11, 2016, the registration of lease (hereinafter “instant lease registration”) was completed on March 30, 2016 on the lease deposit amount of KRW 10,000,000 for the instant real estate as Busan District Court 2016Kao38.
On the other hand, on March 2, 2016, the Defendant leased the instant real estate from H to February 27, 2018, by setting the term of lease from February 28, 2016 to February 27, 2018, as KRW 35,00,000. On March 3, 2016, the Defendant acquired a fixed date and moved into the instant real estate after filing a move-in report.
E. As to the instant real estate, the Hot Spring Credit Cooperative, the mortgagee of the right to collateral security, filed an application for voluntary auction with the Busan District Court C, and completed the voluntary auction procedure with the same court (D, E (Dual) on November 23, 2017. The distribution schedule was formulated on November 23, 2017 for the 16,700,712 won to the Defendant, the lessee of the right to collateral security, who is the top priority lessee, and the Plaintiff was excluded from the distribution.
F. The Plaintiff raised an objection against KRW 10,000,000 among the Defendant’s dividends on the aforementioned date of distribution, and filed the instant lawsuit within seven days thereafter.