배당이의
1. It was drawn up by the above court on July 30, 2014 with respect to the senior auction of real estate C in Gyeyang-gu District Court.
1. Facts of recognition;
A. 1) The Plaintiff’s each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Nonparty D (hereinafter “instant real estate”).
(2) As to the registration of establishment of a new mortgage, the establishment of a new mortgage shall be registered on May 18, 2006 as the grounds for registration, No. 43981, May 18, 2006, and the maximum debt amount shall be KRW 600,000,000, and the establishment of a new mortgage shall be registered on October 8, 2007 as the registration office No. 92903, Oct. 8, 2007, which was received on October 8, 2007, and the contract shall be registered as the grounds for registration, and the establishment of a new mortgage shall be completed with the maximum debt amount of KRW 150,000,000, respectively (hereinafter referred to as the “each of the instant two previous mortgages”).
(2) On December 20, 2012, the Plaintiff filed an application for voluntary auction of each of the instant real estate based on the instant collective security right, and on December 20, 2012, there was a voluntary decision to commence the auction procedure following the said decision to commence voluntary auction (hereinafter “instant auction procedure”).
3) In the instant auction procedure, Goyang Branch of the District Court claimed that the Defendant A, who demanded a distribution of KRW 7,500,000 among KRW 443,336,132, which was actually distributed on July 30, 2014, was a commercial building lessee with respect to each of the instant real estate, and distributed KRW 12,00,000 to the Defendant B, who claimed that he/she was a housing lessee with respect to each of the instant real estate and demanded a distribution of KRW 12,00,000, respectively, and distributed KRW 422,977,072 to the Plaintiff, who was the creditor of each of the instant collective security rights, based on the third priority (hereinafter “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendants, and filed a lawsuit of demurrer against distribution on August 4, 2014.
B. (1) Defendant A) on July 25, 2012, Defendant A entered into a lease agreement, the lease deposit amount of KRW 18,000,00 with respect to part of Nonparty D and each of the instant real estate.