배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 17, 201, the F completed the registration of the transfer of ownership with respect to the G apartment H (hereinafter “instant apartment”) in Yongsan-gu, Yongsan-gu, Busan-gu (hereinafter “Seoul-gu”). On October 17, 201, with respect to the instant apartment, the registration of the establishment of a neighboring mortgage with respect to the instant apartment was completed on October 17, 201 by the maximum debt amount of KRW 52,344,000,00,000, the maximum debt amount of KRW 174,409,000, the debtor, F-mortgage, and F-mortgage I Co., Ltd. on October 17, 2011.
B. The I Co., Ltd applied for a voluntary auction on the instant apartment to the Goyang Branch of the Jung-gu District Court (hereinafter “Seoul Branch Court”). On October 27, 2017, the Goyang Branch voluntarily rendered a decision to commence the auction on the instant apartment, but on June 1, 2018, the said decision to commence the auction was revoked.
C. After that, as F did not pay a loan, the Defendant applied for a voluntary auction on the apartment of this case with the high-sea support, and on July 6, 2018, the decision to voluntarily commence the auction procedure of this case (hereinafter “instant auction procedure”). D.
In the instant auction procedure, the apartment of this case was sold to the Plaintiff at KRW 423,77,00. On June 19, 2019, the execution court, which was the date of distribution, decided to distribute the remaining KRW 418,373,371, which was the remainder after deducting the execution expenses from the sum of the above sale proceeds and the interest, to the actual amount to be distributed, and then, in the first order, set up a distribution schedule with the content that distributes KRW 417,261,171 to the Defendant, who is the applicant creditor, who is the applicant creditor, in the second order.
E. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 22,00,00 corresponding to the deposit for small amount lease, the right of preferential repayment is recognized pursuant to the Housing Lease Protection Act, among the amount distributed to the Defendant, and filed a lawsuit of demurrer against the distribution on June 25, 2019.
F. The Plaintiff married with F on May 23, 1997, but divorced on March 31, 2010.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 13 and Eul evidence Nos. 1, 6, 9, respectively;