배당이의
1. It was drawn up by the High Government District Court on December 8, 2015 with respect to the auction case of real estate B in Gyeyang-gu District Court.
1. Basic facts
A. On March 23, 2014, the Plaintiff entered into a lease agreement with Nonparty C, setting a lease agreement to the extent that the deposit amount of KRW 14,00,000,00, and from March 27, 2014 to March 26, 2015, and completed a move-in report on the resident registration of the said real estate on March 27, 2014.
B. On March 26, 2013, the instant real estate in progress with the auction procedure was established as a collateral, which is KRW 44,200,000, the mortgagee, the maximum debt amount, and the maximum debt amount.
As to the instant real estate, the Defendant filed an application for commencement of voluntary auction to Goyang-dong District Court B with respect to the instant real estate on the basis of the foregoing right to collateral security, and the auction procedure was conducted on December 30, 2014 by the above court decision.
The plaintiff reported the right to a lessee and demanded a distribution in the above procedure.
C. On December 8, 2015, the lower court drafted a distribution schedule to the Defendant that distributes KRW 31,503,840 to the Defendant, excluding the Plaintiff from the distribution of dividends.
(hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution, and raised an objection against KRW 14,00,000 out of the Defendant’s dividend amount.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings
2. The Plaintiff asserts that, inasmuch as the Plaintiff is a genuine lessee with respect to the instant real estate, which can be protected under the Housing Lease Protection Act by entering into a lease agreement with a lessor and paying a security deposit, the Plaintiff asserts that under the instant distribution schedule, the amount of KRW 14,00,000 recognized as the top priority repayment right under the Housing Lease Protection Act should be distributed to the Plaintiff.
In this regard, the defendant concludes a lease contract for the real estate of this case in order to receive a small amount of lease deposit.