배당이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On July 2, 2013, the Plaintiff concluded a mortgage-backed contract with a maximum debt amount of KRW 36,000,000 with respect to the Dong-gu Incheon Metropolitan City D branch office E (hereinafter “instant building”) owned by H, and completed the registration of the establishment of a neighboring mortgage.
(hereinafter “instant collateral security”). B.
G completed the registration of ownership transfer based on sale and purchase (transaction value of KRW 60,000,00) of the instant building on March 4, 2014. On March 14, 2014, G completed the registration of ownership transfer based on the exemption of finalized obligation on March 12, 2014. < Amended by Act No. 12518, Mar. 14, 2014>
C. On September 9, 2016, the Plaintiff filed an application for voluntary auction of real estate on the instant building based on the instant collateral security, and the Incheon District Court rendered a voluntary decision to commence auction of the said building as C on September 12, 2016.
On October 28, 2016, the Defendant asserted that “self-building leased the instant building in KRW 20,000,000,” and applied for a report on the right to the said lease deposit and a demand for distribution, accompanied by a certified copy of the lease agreement on April 5, 2014 (hereinafter “instant lease agreement”) and the resident registration statement on May 21, 2014, stating the details of the transfer to the said building.
On the other hand, the above lease contract is stipulated as the "Leaser: G, tenant: F, tenant's representative: the defendant; F is the defendant's punishment.
E. In allocating KRW 20,521,978, the amount to be actually distributed to the Defendant of the small-sum lessee, who was the first-class, the second-class, Incheon District Court: (a) drafted a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 15,030 to the Defendant of the third-class, the second-class, the second-class, the second-class, the second-class, the second-class, and the third-class, the applicant creditor (mortgage), the third-class, the second-class, the first-class, the second-class, the second-class, the second-class, the second-class, the second-class, the second-class, the Plaintiff (mortgage mortgage)
F. The plaintiff appeared on the above date of distribution and raised an objection to the full amount of the defendant's dividends.