배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 10, 197, the Defendant entered into a lease contract with respect to the lease deposit amount of KRW 17,000,000 (hereinafter “instant lease contract”) with respect to the E-102 of the members of Ansan-si, Ansan-si, the members of the Dong-gu, Seoul-si, and received the fixed date after completing the move-in report on the instant house on the same day.
B. The instant house was originally owned D, and the ownership was transferred to F due to a successful bid due to a voluntary auction on October 5, 2002, and the procedure for compulsory auction (hereinafter “instant auction procedure”) commenced on August 26, 2013 upon the Plaintiff’s application for compulsory auction (a pecuniary claim against F).
C. In the instant auction procedure, the Defendant reported a right and demanded a distribution. On August 26, 2014, the auction court: (a) deemed the Defendant as a lessee with opposing power under the Housing Lease Protection Act; and (b) prepared a distribution schedule with the content that distributes the amount of KRW 17,00,000 to the Defendant, who is the applicant creditor and the person having the right to demand a distribution (4.08% of the distribution ratio) to the Plaintiff, who is the applicant creditor and the person having the right to demand a distribution.
On September 1, 2014, the Plaintiff stated an objection against the whole amount of dividends to the Defendant on the date of distribution, and thereafter filed the instant lawsuit on September 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is unclear whether the Defendant actually paid the lease deposit under the instant lease agreement, and that the Defendant completed the move-in report before the registration of ownership preservation was completed in the name D, and thus, the Defendant merely paid KRW 17,00,000 to the Defendant on the ground that it is unreasonable to deem that the Defendant paid KRW 17,00,000 to the Defendant is unreasonable.
B. In a lawsuit of demurrer against distribution, the other party asserts that the claim of the other party has been disguised, and files an application of objection against distribution.