배당이의
1. It was concluded between the Plaintiff (Counterclaim Defendant) and C on September 5, 2013 with respect to Nos. 2, 506, and 604, Mangsan-dong, Mangsan-si.
1. Facts of recognition;
A. On September 5, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Defendant”) entered into a lease agreement with C with respect to one square column among the headings B, 506 Dong-dong-dong-dong-dong-dong-dong-dong-dong 604 (hereinafter “instant real estate”) and the lease agreement between September 5, 2013 and September 4, 2015 with respect to KRW 15,00,000, and the period from September 4, 2015.
(hereinafter “instant lease agreement”). On September 5, 2013, the Plaintiff filed a move-in report on the said real estate on September 5, 2013, and obtained a fixed date in the lease agreement.
B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) loaned KRW 505,00,000 to Nonparty C with respect to the instant real estate, and the Nonparty bank established a collateral security amount of KRW 606,00,000 with respect to the instant real estate as of October 10, 201.
The defendant entered into an asset transfer agreement with the Korean bank and received the claim against C from the Korean bank, notified the purport to C, and notified the assignment of claim.
C. When the auction procedure C fails to pay the above loan claims, the Bank applied for a voluntary auction of the real estate of this case to the Jung-gu District Court D, and on September 30, 2013, the auction procedure was conducted according to the decision to commence the voluntary auction of the above court.
As a lessee of the above procedure, the Plaintiff filed a report on rights and filed an application for demand for distribution.
On May 23, 2014, the above court prepared a distribution schedule to the effect that the plaintiff is excluded from the distribution of dividends, and that the remaining KRW 504,829,796 is distributed to the defendant except for expenses and senior taxes among the amount to be distributed (hereinafter “instant distribution schedule”).
Accordingly, the plaintiff appeared on the date of distribution and raised an objection against KRW 15,00,000 out of the amount of dividend of the defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 9, 11, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The plaintiff alleged by the parties, as to C and the real estate of this case.