배당이의
1. The main claim of this case is dismissed.
2. Of the costs of lawsuit, the costs of the principal lawsuit are assessed against the Plaintiff (Counterclaim Defendant).
1. Facts of recognition;
A. On October 23, 2010, the Plaintiff entered into a lease agreement with E as to D Apartment 207 Dong 401 (hereinafter “instant real estate”) on October 23, 2010, the Plaintiff entered into a lease agreement between E and the owner of the instant real estate as proxy, the lease deposit amount of KRW 60,000,00, the lease deposit amount of KRW 60,000, and the lease term from December 15, 2010 to December 14, 2012, and completed the fixed date on the move-in report and the said lease agreement on December 20, 2010.
However, around December 5, 2012, the Plaintiff again entered into a lease agreement between the above C with respect to the instant apartment and the lease contract between KRW 30,000,00 and the lease period from December 15, 2012 to December 14, 2014 (hereinafter “instant lease agreement”), and obtained a fixed date on February 22, 2013, with respect to the said lease agreement.
B. On November 21, 2006, the Defendant’s claim and auction procedure entered into a loan transaction agreement with C to lend KRW 170,000,000 to C, and the said bank set up a mortgage on November 21, 2006 with respect to the instant real estate in order to secure the said loan claim.
On March 18, 2013, the above national bank applied for the commencement of voluntary auction with respect to the real estate in this case to the Goyang-gu District Court Goyang Branch B, and the auction procedure was conducted on March 18, 2013.
The plaintiff submitted a report on the right and a request for distribution in the above procedure.
C. On September 23, 2014, the lower court drafted a distribution schedule that excluded the Plaintiff from the distribution of dividends and distributes KRW 179,015,691 to the Defendant who acquired the claim against C from the National Bank that received the claim against the Defendant.
Accordingly, the plaintiff appeared on the date of distribution and raised an objection against KRW 12,00,000 among the defendant's dividends.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 7, 8, Eul evidence 2 to 6, the purport of the whole pleadings
2. The Parties’ assertion.