배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) D is a real estate indicated in the attachment registration (hereinafter “instant apartment”).
(2) On October 22, 2012, the Defendant entered into a mortgage agreement with D on the instant apartment with the maximum debt amount of KRW 120,00,000, the debtor D, and the Defendant, with respect to the instant apartment, and completed the registration of the establishment of a neighboring mortgage to the purport as of October 22, 2012, with the Changwon District Court No. 50602, Oct. 22, 2012.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). B.
1) On December 10, 2012, the Plaintiff agreed to lease the instant apartment from D with a deposit of KRW 70,000,000, and the term from January 9, 2013 to January 8, 2014. However, on December 10, 2012, the Plaintiff agreed to KRW 10,00,000 for intermediate payment of KRW 10,00,000 on January 7, 2013, and KRW 53,000,000 for the cancellation of the registration of creation of the instant apartment and payment of KRW 53,00,000 for the remainder (hereinafter “instant lease”).
(2) Pursuant to the instant lease agreement, the Plaintiff paid D KRW 7,00,000,000, respectively, and ② the intermediate payment of KRW 10,000,000 on January 7, 2013, respectively, pursuant to the instant lease agreement.
3) Meanwhile, the Plaintiff completed the move-in report on the instant apartment on January 9, 2013, and received the fixed date on the instant lease agreement. (4) D failed to cancel the registration of the establishment of the instant apartment on January 18, 2013, and the Plaintiff refused to pay the remainder of KRW 53,00,000,000, and requested D to return the lease contract deposit, intermediate payment, penalty, director’s expenses, etc. via content-certified mail on three occasions around February 2013.
C. On March 18, 2013, the Plaintiff filed an application for voluntary auction and prepared a distribution schedule. On March 18, 2013, the Plaintiff filed an application for the auction of the real estate with the Changwon District Court for the auction of the instant apartment upon the registration of the establishment of the ownership of the instant apartment. 2) On March 3, 2014, the Changwon District Court’s Jinju Branch Branch was KRW 78,967,417 (Order 2, 65.81% of the dividend ratio) with the Defendant.