배당이의
1. Of the distribution schedule prepared on July 14, 2015 by the said court with respect to the Suwon District Court B real estate auction cases.
1. Evidence No. 1 through 5, A6-1 through 3, A7, A8, and the purport of the whole pleadings
A. On October 8, 2014, the Plaintiff requested an auction to exercise the security right against the real estate listed in the attached Table C owned by the debtor C (hereinafter “instant apartment”) and received a voluntary decision to commence auction on October 8, 2014.
(C) the District Court B).
(1) On October 29, 2014, the Defendant entered into a lease contract with the court of auction on March 10, 2013, setting the deposit amount of KRW 25 million, and the period from March 10, 2013 to March 9, 2015, and occupied March 10, 2013. On March 11, 2013, the Defendant reported the transfer of resident registration to the apartment in this case, and demanded the distribution with the fixed date obtained on September 2, 2014.
(2) On December 2, 2014, D entered into a lease agreement with the court of auction on August 10, 2014, setting the deposit amount of KRW 25 million and the period from September 12, 2014 to September 11, 2016, and entered into the lease agreement on September 12, 2014. On September 15, 2014, D filed a resident registration transfer report on the instant apartment and demanded distribution with the fixed date on December 2, 2014.
C. Of the amount to be actually distributed on the date of distribution implemented on July 14, 2015, the above court drafted a distribution schedule that distributes the amount of KRW 12 million to the Defendant, who is the lessee of the first fixed date book, the lessee of the second fixed date, KRW 744,900, and KRW 375,476,398, to the Plaintiff, the lessee of the second fixed date, the holder of the second fixed date, and KRW 375,476,398 (hereinafter “instant distribution schedule”).
2. The allegations by the parties and the judgment of this court
A. (1) The Plaintiff’s assertion (1) is the most lessee who in collusion with the obligor C and entered into a false rental agreement, and thus, the instant distribution schedule distributed to the Defendant by deeming the Defendant as a legitimate lessee is unlawful.
(2) The defendant's counterclaim becomes aware of C while working in the E-U.S., operated by C, and the deposit amount of KRW 25 million shall be borne monthly.