배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. According to the final judgment of the Seoul Central District Court in the case of the agreed amount claim against F, the Defendant C applied for a compulsory auction of the above G apartment Nos. 1/2 and F-owned G apartment Nos. 102 and 1303 (hereinafter “instant real estate”) among G apartment Nos. 101, 4703 (hereinafter “instant real estate”) with respect to F, and the auction procedure (hereinafter “instant auction procedure”).
B. In the instant auction procedure, on November 22, 2017, the instant real estate was sold in KRW 188,380,000 to H, who is the wife of F and the other one-half equity owners. On November 22, 2017, G apartment 102 Dong 1303, G apartment 1303, supra, was sold to I for KRW 328,819,000.
C. On January 25, 2018, on the date of distribution of the instant auction procedure, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes 300,053,515 won to Defendant B, who is the person having the right to demand a distribution, among KRW 497,640,057, the amount to be actually distributed, to be distributed, KRW 197,586,542 (amount of claims: KRW 3,795,278,318), and Defendant C, who is the creditor (amount of claims: KRW 5,763,482,602).
The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividends to the Defendants, and filed a lawsuit of demurrer against distribution on January 30, 2018, which was seven days or less thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8-1, 8-2, 9, 12, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted that the Plaintiff paid KRW 230,000,000 to the instant real estate, and completed the move-in report and received the fixed date, thereby having preferential payment right to the said lease deposit under the Housing Lease Protection Act.
Therefore, since 188,380,000 won out of the sales price of the instant real estate should be distributed to the Plaintiff, the amount of KRW 197,586,542 won out of the instant dividend table against Defendant B shall be KRW 122,790,809, and the dividend amount of KRW 300,053,515 won against Defendant C shall be corrected to KRW 186,469,247, respectively, and the Plaintiff shall be distributed KRW 188,380,00 to the Plaintiff.