배당이의
1. Of the distribution schedule prepared by the said court on December 14, 2015 in the case of the original district court I real estate auction.
A. Defendant.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 11, 12, and 14, unless there is a dispute between the parties or in full view of the purport of the entire pleadings:
With respect to each lease building listed in the separate list of K Building owned by J Co., Ltd. (hereinafter “Nonindicted Company”) in Kimhae-si, the Defendants asserted that they are small tenants and demanded the distribution based on the claim to return the lease deposit, in the procedure of the auction of the first real estate auction conducted upon the application of the Industrial Bank of Korea, which is a collateral security interest, (hereinafter “instant building”).
B. Accordingly, on December 14, 2015, the court of execution recognized the Defendants as small lessee and presented to the Defendants each dividend indicated in the separate sheet to the Defendants. The court of execution prepared a distribution schedule with the content that distributes KRW 80,095,235 to the Plaintiff who acquired the aforementioned collateral security right and its secured claim prior to the Industrial Bank of Korea in the second order (hereinafter “instant distribution schedule”). The Plaintiff stated an objection against the Defendants’ dividend amount and filed a lawsuit of demurrer to the distribution within seven days thereafter.
2. Determination
A. The Plaintiff asserted that the amount of dividend against the Defendants should be deleted because Defendant E, F, G, and H merely prepared a false lease contract on the instant building and intended to receive the distribution thereof. However, the Defendants asserted that the aforementioned Defendants had preferential right to payment as a small lessee under the Housing Lease Protection Act, on the grounds that the aforementioned Defendants paid a lease deposit and leased the instant building from the non-party company in a normal manner and completed the move-in report.
According to Gap evidence Nos. 1 through 10 and the response of this court to the submission of financial transaction information to the Nonghyup Bank Co., Ltd., Defendant E, F, G, and H entered into a lease agreement as shown in the separate sheet and for whom three months have not passed since January 16, 2015.