배당이의
1. 14,00 among the distribution schedule prepared on May 14, 2014 by the said court with respect to the case of Suwon District Court B’s auction of real estate
1. Basic facts
A. On August 1, 2013, on the real estate listed in the attached list C (hereinafter “instant apartment”), the procedure for the auction of real estate was initiated on August 1, 2013 at the Suwon District Court B (hereinafter “instant auction procedure”).
B. In the auction procedure of this case, the court of execution prepared a distribution schedule that distributes to the Plaintiff the amount of KRW 381,262,670, which is to be distributed by deducting the costs of execution from the proceeds of sale and interest of the apartment of this case, as a small lessee, KRW 4.4 million, KRW 69,340, and the remaining KRW 376,193,330, which is to be distributed to the Defendant (hereinafter “instant distribution schedule”).
C. On May 14, 2014, the Plaintiff appeared on the date of distribution and raised an objection against the Defendant regarding KRW 14 million out of the dividend amount.
[Reasons for Recognition] Unsatisfy Facts, Gap 1, 5 evidence, each entry of Eul 1 through 7 (including numbers), the purport of the whole pleadings
2. Summary of the parties’ assertion
A. It is unreasonable to divide only KRW 4.4 million out of the deposit, even though the Plaintiff agreed to pay the lessor the expenses for repair and other repair incurred while the Plaintiff leased and used the apartment of this case, and the lessor paid the management expenses of KRW 2.9 million to exercise the lien.
Therefore, the distribution schedule of this case must be revised as stated in the purport of the claim.
B. The Plaintiff is the most lessee, or the instant apartment contract concluded with the Defendant and C should be revoked as it constitutes a fraudulent act.
Even if it is not so, the rent in arrears of the plaintiff does not have the amount to be distributed to the defendant exceeding the deposit money.
3. (1) Ex officio determination is made with respect to the portion exceeding 14,00,000 won out of the amount of a demurrer against a distribution alleged by the Plaintiff as the instant lawsuit, and the lawsuit of demurrer against a distribution is modified by ex officio to the extent that an objection was raised on the date of distribution.