배당이의
1. Of the distribution schedule prepared by the above court on June 1, 2016 in the real estate B real estate auction case in the Gwangju District Court Gwangju District Court Sejong District Court Gwangju District Court Sejong District Court B.
1. Basic facts
A. On April 30, 2015, the Plaintiff filed a payment order with Nonparty C seeking payment of the credit card user fee with this court No. 2015 tea874, and received a payment order with the purport that “C shall pay to the Plaintiff 7,098,552 won and 6,97,458 won among them at the rate of 29% per annum from April 24, 2015 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on May 22, 2015.
B. On the basis of the original copy of the instant payment order, the Plaintiff filed an application for compulsory auction with respect to D apartment 6 Dong 1401 (hereinafter “instant apartment”), Jeonnam-si, Jeonnam-si, Seoul-si, for a compulsory auction, and accordingly, rendered a decision to commence compulsory auction with respect to the instant apartment to B on June 11, 2015.
(hereinafter the above auction procedure is referred to as “instant auction procedure”).
On June 26, 2015, the Defendant asserted that he leased the instant apartment from C on November 30, 2013 at the auction procedure of this case, and filed a report on the right and demand for distribution as follows.
(1) All of the apartment units of this case: 40,000,000 won for lease. < Amended by Presidential Decree No. 2429, Nov. 30, 2013; Presidential Decree No. 26790, Jun. 4, 2015>
In the instant auction procedure, on June 1, 2016, a court of execution prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that each of the dividends of KRW 123,137,890 shall be distributed to the Defendant of the small-sum lessee in the order of 137,83,370, and KRW 14,00,000, and KRW 208,860, and KRW 486,620, in the second order of priority, at the time when the holder of the right to issuance was declared in the order of priority, in the order of priority to the Defendant of the small-sum lessee in the order of priority to distribute the amount of KRW 123,83,37,370, and the Plaintiff was excluded from the distribution.
E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 9,350,199 out of the amount distributed to the Defendant, and filed a lawsuit of demurrer against the instant distribution on June 7, 2016.
grounds for recognition.