배당이의
1. The document prepared on May 25, 2017 by the said court with respect to the case of the voluntary auction of real estate E in the Gwangju District Court Gwangju District Court Sejong District Court.
1. At the time of making and distributing the distribution schedule of this case, the Defendants asserted that Franchise F was a small lessee under Article 8 of the Housing Lease Protection Act against Nos. 104, 201, and 301 (hereinafter “the instant housing”) with respect to the first floor 104, 201, and 301 for the third floor 301 (hereinafter “the instant housing”). Defendant B filed a report on the right and demand the distribution with the executing court, on the ground that Defendant B was about 12 among the instant housing; Defendant C was about 8 among the instant housing; Defendant C was about the instant housing; and Defendant D was a small lessee under Article 8 of the Housing Lease Protection Act against No. 7 of the instant housing.
On May 25, 2017, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) to distribute KRW 14,00,000 to Defendant B, Defendant C, KRW 14,00,000, KRW 10,000 to Defendant D, KRW 6,641,790 at the time of application for issuance, and KRW 6,641,790 at the time of application for the instant housing, and KRW 503,77,224 to the Korea Yangyang Livestock Cooperative, which is the applicant creditor and the applicant creditor of the instant housing.
As to this, the Plaintiff, a second-class mortgagee of the instant housing (right to collateral security established on August 23, 2012), was present on the date of distribution, and raised an objection against the Defendants regarding the total amount of dividends, and filed a lawsuit of demurrer against distribution on May 31, 2017.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The plaintiff asserts that, in the auction procedure of this case, only Defendant B prepared a lease contract for the purpose of receiving a dividend, and there is no actual lease contract or any payment of lease deposit, the plaintiff should revise the distribution schedule of this case.
On January 5, 2015, Defendant B concluded a lease agreement with respect to No. 12 of the instant housing, and completed a move-in report. Accordingly, Defendant B asserts that he/she is a small lessee of the instant housing.
B. Determination 1 related legal principles are related to a lawsuit of demurrer against distribution.