배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3, 10, 12, and 14, and Eul evidence No. 1:
On April 29, 2013, D prepared a lease agreement (hereinafter “instant lease agreement”) with D on behalf of the Plaintiff, between D and D, with the terms of lease deposit amounting to KRW 20,000,000, monthly rent of KRW 100,000, and the term of lease from April 29, 2013 to April 28, 2015, and the term of lease was fixed from April 30, 2013 to April 30, 2013. The Plaintiff filed a move-in report on the instant apartment on April 30, 2013.
B. On April 18, 2014, the Defendant applied for the auction on the instant apartment as a mortgagee, and accordingly, the auction on the instant apartment was initiated in Suwon District Court B in order to support the establishment of the auction on the real estate (hereinafter “instant auction”).
C. In the instant auction procedure, the Plaintiff asserted the establishment of the lease agreement stated in the instant lease agreement, and made a demand for distribution as to the claim to return lease deposit, based on the right of priority repayment of a small lessee under the Housing Lease Protection Act. However, on December 29, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that KRW 394,03,70, the amount to be distributed to the Defendant of the first-order creditor Wol City, 12,100, and KRW 387,478,332, to the Defendant of the second-order creditor.
Accordingly, on the date of the above distribution, the Plaintiff stated an objection against KRW 16,00,00 among the amount distributed by the Defendant, and filed a lawsuit of demurrer against the distribution of this case.
2. The assertion and judgment
A. On April 29, 2013, the Plaintiff’s summary of the Plaintiff’s assertion is KRW 20,000,000, monthly rent of KRW 100,00, and KRW 100,00, among the instant apartment buildings.