배당이의
1. It was drawn up by the above court on December 16, 2014 with respect to the voluntary auction case of the real estate B in Gyeyang-gu District Court Goyang-gu.
1. Facts of recognition;
A. On March 8, 2014, the Plaintiff entered into a lease agreement with C, setting the deposit amount of KRW 28,000,000 and the lease period of KRW 25,00 with respect to the D apartment 708, 101 (hereinafter “instant real estate”) owned by C during the period from March 26, 2014 to March 25, 2016, and completed the move-in report and the fixed date on March 11, 2014.
B. The instant real estate, during the auction, was registered as the creation of a mortgage, with the maximum debt amount of KRW 359,712,00, the establishment of a mortgage on the part of the mortgagee, the establishment of a mortgage on the part of the mortgagee, the maximum debt amount of KRW 194,844,00, the maximum debt amount of KRW 194,844,00, and the Hancheon Construction
However, on April 21, 2014, the Defendant filed an application for commencement of voluntary auction with respect to the instant real estate in order to the High Government District Court Goyang Branch B, and the auction procedure was conducted in accordance with the decision.
In the above procedure, the Plaintiff reported the demand for distribution and the right as a lessee.
C. On December 16, 2014, the lower court prepared a distribution schedule to the effect that the remaining dividends, except for the Plaintiff’s dividends, are distributed to the Defendant (hereinafter “instant distribution schedule”).
Accordingly, the plaintiff appeared on the date of distribution and raised an objection against 22,00,000 won out of the amount of dividend of the defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, 10, and the purport of the whole pleadings
2. The Plaintiff asserted that the instant distribution schedule should be revised by allocating to the Plaintiff the amount of KRW 22,00,000 equivalent to the security deposit for small amount that is recognized as the top priority repayment pursuant to the Housing Lease Protection Act, among the amount distributed to the Defendant in the instant distribution schedule, since the Plaintiff entered into a lease agreement with C with respect to the instant real estate and is a genuine lessee with respect to the instant real estate entitled to protection pursuant to the Housing Lease Protection Act, which is entitled to receive a security deposit
As to this, the defendant is the plaintiff.