배당이의
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged as follows: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 7; (c) evidence Nos. 1-2; (d) evidence Nos. 1-2; and (e) evidence Nos. 2-1 and 2; and (e) evidence Nos. 1 and 2 of this Court’s Bupyeong-gu Incheon Metropolitan City Office (No. 16, 2014); (c) the Ministry of Land, Infrastructure and Transport; (d) the Export Bank; and
A. C purchased, on March 19, 2012, the attached real estate (hereinafter “instant real estate”) from D with the purchase price of KRW 80 million, and completed the registration of ownership transfer in the name of C on April 13, 2012. On the same day, C borrowed KRW 5 million from the Defendant and completed the registration of ownership transfer in the name of C, and completed the registration of establishment of a neighboring real estate with the maximum debt amount of KRW 72 million, debtor C and the Plaintiff as the mortgagee.
B. On April 23, 2012, the Defendant: (a) leased the instant real estate from C with a lease deposit of KRW 22 million; (b) from May 14, 2012 to May 14, 2014 (hereinafter “instant lease”); (c) paid C the down payment of KRW 2 million on the date of the contract; and (d) the remainder of KRW 20 million on May 14, 2012; and (c) obtained a fixed date after filing a move-in report on the instant real estate on May 14, 2012; and (d) the instant lease agreement stated as “a contract under the confirmation of the maximum debt amount of KRW 72 million (the Plaintiff as a mortgagee); and (e) the Defendant has resided as a director of the instant real estate on September 6, 2012.”
C. On March 8, 2013, Incheon District Court B rendered a decision to commence the sale of real estate as to the instant real estate. On June 10, 2014, the said court drafted a distribution schedule (hereinafter “instant distribution schedule”) with the content that: (a) the applicant creditor and the mortgagee, the mortgagee and the mortgagee, distribute the amount of KRW 19,634,958 to the Plaintiff; and (b) the Defendant, the lessee of small claims, the amount of KRW 22 million.
On the other hand, at the time of entering into the instant lease agreement, C does not have any property other than the instant real estate.