배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 15, 2017, the Plaintiff completed the registration of the establishment of a collateral security agreement based on the debtor’s J and the maximum debt amount of KRW 70 million with respect to the second floor H and fourth floor G on the F-based ground (hereinafter “instant apartment”).
B. On May 15, 2017, K Union, the mortgagee of the instant apartment, obtained a voluntary decision to commence the auction on the said apartment with the Daegu District Court D (hereinafter “instant auction procedure”). On July 24, 2017, the Plaintiff filed a report on the right and demand for distribution at the instant auction procedure.
C. On July 24, 2018, on the date of distribution implemented on the instant auction procedure, the said court: (a) deemed Defendant B as a small lessee of the instant apartment No. Ha, and Defendant C as a small lessee of the instant apartment No. 15 million won in the first priority order; and (b) set up a distribution schedule that distributes 100% of the amount of credit to the relevant small lessee and the pertinent creditors; and (c) distributes 53.91% of the amount of credit to K Union, a creditor who is a senior mortgagee and a creditor who is a creditor applying for priority collateral (hereinafter “instant distribution schedule”); and (d) the Plaintiff, a subordinate mortgagee, was not paid dividends.
The Plaintiff appeared on the date of distribution, and raised an objection against the amount of distribution to the Defendants, and filed the instant lawsuit on July 27, 2018, which was seven days after the said date.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Defendants asserting the Plaintiff’s assertion are the most lessee who reported their rights by making a lease agreement in collusion with E and having external appearance as if they were the housing lessee with opposing power under the Housing Lease Protection Act. Therefore, each of the above lease agreements becomes null and void as a false declaration of agreement, and it is unreasonable to distribute 1.5 million won to the Defendants.
B. The Defendants asserted that they were homeless and did not receive from E.