배당이의의 소
1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 3, 9, Eul evidence No. 1, 2 and 7:
On June 8, 2012, the Plaintiff lent KRW 75 million to D, and to secure this, on June 8, 2012, the Plaintiff set up a collateral of KRW 75 million with respect to the real estate indicated in the attached list owned by D, on June 8, 2012.
B. On October 25, 2013, the Defendant entered into a lease agreement with D and the attached list (hereinafter “instant real estate”) with respect to the lease deposit of KRW 21 million, the lease deposit of KRW 25 million from October 25, 2013 to October 30, 2015, and agreed to deposit the lease deposit into the account of D’s community credit cooperatives E, and made a move-in report after receiving a fixed date per contract date.
C. On November 1, 2013, the Defendant transferred the remainder of KRW 18 million (1,7840,000,000,000,000 for the previous month that the lessor failed to pay) to the said account, and had resided in the instant real estate after remitting it to the said account.
D purchased the instant real estate at around 2008 with KRW 270 million. At the time of entering into a lease contract with the Defendant, the amount of KRW 96 million was set up by the Bank of Korea, the Plaintiff’s right to collateral security, the Plaintiff’s right to collateral security, the Plaintiff’s right to collateral security, the F’s right to collateral security, the provisional seizure of KRW 10 million, the provisional seizure of Industrial and Loan Company’s KRW 2,716,256, respectively, and the Defendant explained it from the real estate intermediary.
(No. 7-3). (e)
On December 23, 2013, our bank applied for a voluntary auction of the instant real estate, and the market price appraised during the auction was KRW 150 million as of December 28, 2013.
2. Summary of the plaintiff's assertion
A. Main claim - The Plaintiff, despite the market price of the Defendant’s 150 million won, concluded a lease on the instant real estate with a large number of debts, and the family members of the lessor other than the Defendant.