배당이의
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;
[Seed as to the main office]
1. Basic facts
A. D was the owner of “Songyang-gu E (F in Yangyang-gu, Yangyang-gu) with a size of 427 square meters and a single-story house on its ground (hereinafter “instant land and buildings”).
B. On the instant land and building, ① the maximum amount of claims was KRW 453,600,00, the debtor was D and the mortgagee was the Seoul Agricultural Cooperative; ② the maximum amount of claims was KRW 42,00,000; ② the debtor was the debtor; ③ the maximum amount of claims was KRW 195,00,000; ③ the debtor was the debtor; and ③ the debtor was G and the mortgagee was the defendant.
C. D’s delay in paying the principal and interest of the loan, and the Seo-gu Seoul Agricultural Cooperative filed an application for auction of real estate for the instant land and buildings with the Goyang Branch of the District Court, and the decision on commencing auction was registered on October 15, 2014 and proceeded with the auction procedure.
On June 30, 2014, the Plaintiff leased part of the instant building from D in KRW 15,00,000, and completed a move-in report on July 1, 2014 and filed an application for a report on the right and a request for distribution in the said auction procedure, asserting that it is a small lessee under the Housing Lease Protection Act who has obtained a fixed date.
E. On December 22, 2015, a court of execution prepared a distribution schedule containing the purport of distributing to the Defendant (hereinafter “instant distribution schedule”) in the fourth order of the remaining 76,549,997 won after distributing the amount of KRW 574,03,987, which is the amount to be distributed to the Plaintiff and actually distributed to the issuing authority and the Seoul Agricultural Cooperative, which is the right to collateral security, prior to the Defendant.
F. The Plaintiff appeared on the date of distribution, and raised an objection against KRW 15,00,000 among the Defendant’s dividends, and filed the instant principal suit within seven days thereafter.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 3, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Parties.