배당이의
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit are assessed against the Plaintiff by combining the principal lawsuit and counterclaims.
1. The Seoul Northern District Court B’s auction procedure for the real estate (hereinafter “instant real estate”) listed in the attached list C, which is owned by the preparation of the instant distribution schedule, filed a report on the right and demand for distribution with the executing court by asserting that the instant real estate was a lessee who leased the said real estate at KRW 21 million.
On June 26, 2014, the court of execution prepared a distribution schedule to distribute 36,682,683 won to Nowon-gu in Seoul Special Metropolitan City, Nowon-gu (First Order), 397,430 won to Korea Standards Bank (Second Order), 299,89,309 won to the defendant (third Order), and 36,682,683 won to the defendant (third Order).
Accordingly, on the date of the above distribution, the Plaintiff raised an objection against KRW 21 million among the dividend amount to the Defendant, and thereafter filed the instant lawsuit on July 2, 2014, within one week thereafter.
[Ground of recognition] Facts without dispute, Gap 3 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, who had been aware of before the Plaintiff, stated that “The Plaintiff would introduce apartment buildings that enable the East E to rent to work in the middle place of real estate,” and that he was a legitimate agent of C, and the Plaintiff leased the instant real estate.
On July 25, 2013, the Plaintiff entered into a lease agreement with D who represented C to lease the instant real estate in the deposit amount of KRW 21 million, and completed a move-in report.
On July 6, 2013, the Plaintiff transferred KRW 200,000 to E’s account designated by D through the Plaintiff’s external village F, and on July 25, 2013, the Plaintiff paid KRW 21 million in full by directly delivering KRW 19,00,000,000, collected from G’s mother’s account to D.
Therefore, as a genuine small lessee, the Plaintiff has the right to receive a dividend of KRW 21 million as the top priority, so the distribution schedule should be revised as stated in the purport of the claim in the principal lawsuit.
B. The Plaintiff is the most lessee who did not pay the deposit to Defendant C.
Even if the plaintiff is true.