배당이의의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 22, 2014, the Defendant abolished the general Gu on July 4, 2016, 2016, which is the place where the instant accident occurred in Seocheon-gu, Seocheon-gu, Seocheon-gu. However, in this judgment, the above general Gu shall be indicated for convenience.
(hereinafter the same shall apply)
Between C Apartment Operation 501 (hereinafter “instant real estate”) and D, a lease agreement was concluded with the terms of leasing the instant real estate by setting the lease deposit of KRW 27,00,000,000 and the term of lease from May 23, 2014 to May 22, 2016.
(hereinafter “instant lease agreement”). B.
The Defendant paid KRW 27,00,000 in total to D on May 22, 2014, and KRW 12,000,000 on May 23, 2014, and KRW 12,300,000 on May 23, 2014, respectively, as the above lease deposit. The Defendant completed a move-in report to the location of the instant real estate on May 22, 2014, and obtained a fixed date as to the instant lease agreement.
C. Meanwhile, on May 2, 2014 and May 7, 2014, the Plaintiff loaned KRW 52,00,000,000 to D, respectively, and to secure this, the Plaintiff voluntarily filed an application for an auction on the instant real estate on May 2, 2014, with respect to the establishment registration of a neighboring mortgage with the obligor D, the maximum debt amount of KRW 67,60,000,000, and the establishment registration of a neighboring mortgage with the obligor D on May 7, 2014, and the following order: (a) the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 42,90,000,000, and the establishment registration of a neighboring mortgage with the obligor D on May 7, 2014 was completed; (b) the Plaintiff applied for an auction on the instant real estate (this court B); and (c) this court rendered a decision to voluntarily commence the auction on the instant real estate on July 7, 2015.
On the date of distribution open on January 27, 2016, this Court prepared a distribution schedule with the content that distributes the amount of KRW 27,00,000 to the defendant as a tenant of small claims, and the amount of KRW 59,95,310 to the plaintiff as the applicant creditor and the mortgagee of small claims.
(hereinafter “instant distribution procedure”). E.
The plaintiff raises an objection to the total amount of the above dividends to the defendant in the distribution procedure of this case.