배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 5, 2013, E completed the registration of the transfer of ownership with respect to the building Nos. 61.27 square meters of the Michuhol-gu Incheon Metropolitan Government F and G ground H building I (hereinafter “the instant building”), and completed the registration of the establishment of a neighboring mortgage to the Plaintiff as the obligor E on the same day.
B. On November 8, 2013, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant building under the name of J on behalf of E, and the Defendant’s Chokon, with the end of November 2013 from the end of November 2013 to the end of November 2016 (hereinafter “instant lease agreement”).
The lease agreement of this case contains special terms and conditions as follows.
On November 30, 2013, the Defendant received a receipt of KRW 46,00,000 from the J which represented E, which was issued in the future of K.
- The actual loan amount is a contract with the original state of sale million Won - In the case of the interest on the loan accrued in the future, if any delay occurs, the tenant shall be responsible for the real estate in full and shall not be damaged during the contract period.
- If any event, such as the auction of bank tickets, the deposit except for the amount protected under the Lease Protection Act, shall be responsible for and paid from the real estate.
C. The Defendant obtained a fixed date on December 11, 2013 in the instant lease agreement, and completed a move-in report on the instant building on the same day, and thereafter resided in the instant building from around that day.
L Co., Ltd. was registered as the Incheon District Court D on December 5, 2017 on the same day after the compulsory auction decision was rendered.
On October 18, 2018, the Plaintiff received a voluntary decision to commence the auction on the instant building based on the right to collateral security under the Plaintiff’s name.
In each of the above auction procedures (hereinafter “related auction procedures”), the instant building was awarded to the third party on March 21, 2019.
On February 9, 2018, the defendant requested the distribution of dividends on the deposit for lease in the related auction procedure.
(e).