배당이의
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On June 13, 2019, the Changwon District Court rendered a voluntary decision to commence the auction on the housing of 337 square meters and its ground in Changwon-si, Changwon-si, Inc., E, and on the housing of 337 square meters and above.
(hereinafter “instant auction procedure”). B.
On October 4, 2019, after September 2, 2019, the date of the completion to demand a distribution of the auction procedure of this case, the Plaintiff asserted that he is the lessee of the said housing No. G, and submitted an application for a report on rights and a request for a distribution on the said housing.
C. On July 23, 2020, at the instant auction procedure, a distribution schedule with the content that the amount of dividends against the Defendant was KRW 264,397,764 (Order 4, applicant creditors, and collateral security holders) was formulated (hereinafter “instant distribution schedule”). D.
The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 15 million out of the amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on July 28, 2020.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, and 8, the purport of the whole pleadings
2. On June 29, 2017, the Plaintiff asserted that the lease contract was concluded with E, setting the lease deposit amount of KRW 20 million with respect to the above housing, which is the object of the auction of this case.
While the auction procedure of this case is in progress, the plaintiff had a lot of houses in order to get hospital treatment, and had no family residing in other areas due to medical treatment, etc.
The plaintiff could not receive a postal item from an auction court while being hospitalized in the hospital, and the deadline for the completion of demand for distribution has expired.
The plaintiff is entitled to preferential repayment of KRW 15 million out of the deposit as the top priority tenant, and the defendant made unjust enrichment. Thus, the distribution schedule of this case should be revised by changing the dividend amount of KRW 264,397,764 to KRW 249,397,764, and distributing KRW 15,00,000 to the plaintiff.
3. A creditor who has an executory exemplification of judgment and a decision on commencing auction has been registered.