배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 17, 2012, the Defendant completed the registration of the establishment of chonsegwon of KRW 100 million for lease on a deposit basis with respect to the three-story housing and Class II neighborhood living facilities (hereinafter “instant building”) 101, 104, 105, 106, 107, 201, 206, 207, 207, 207, and 305 for lease on a deposit basis.
B. On January 10, 2013, the Plaintiff leased the instant building Nos. 107 and 207, with a lease deposit of KRW 50 million, and two years with a lease deposit of KRW 50 million, and on January 11, 2013, entered the location of Jeju tax office as “ Jeju E” and registered the business as the location of Jeju tax office on January 11, 2013. From that time, the Plaintiff operated food and accommodation business from around 107 and 207.
C. On October 11, 2013, the Plaintiff obtained a fixed date on October 11, 2013, stating that the location of Jeju Island E (107 and 207) was re-issued the business registration certificate that corrected the building of this case from Jeju Island E (107 and 207). As to the building 107 and 207 of this case, the Plaintiff obtained a lease deposit amount of KRW 50 million and the lease term of two years as of January 10, 2013.
Of the instant building, a compulsory auction for real estate was commenced under the Jeju District Court C on July 2, 2013 with respect to the real estate auction cases of 101, 104, 105, 106, 107, 201, 206, 207, 207, and 305, among the instant building, and the said court drafted a distribution schedule (hereinafter referred to as the “distribution schedule”) to distribute KRW 49,624,979 to the Defendant, who is the person having chonsegwon, as the lessee of the instant building, and the lessee of the instant building 107, 207, and 207, who demanded a distribution of KRW 0,00,00,00 to the Plaintiff who made a demand for distribution.
E. The Defendant, out of the Plaintiff’s above dividend amount, raised an objection to the distribution of KRW 30 million, and filed the instant lawsuit on December 19, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2 and 3 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is that on January 10, 2013, F, a lessor, 107 and 207 of the instant building, each lease deposit is 25 million won.