배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Regarding D apartment No. 101, 502, and 102 (hereinafter “instant apartment”), in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Daejeon District Court: (a) registered the ownership transfer registration under E (F) as the support of the Daejeon District Court on October 22, 2002; and (b) registered the ownership transfer under E (F) as the receipt No. 87284 on October 22, 2002.
B. On April 6, 2007, G entered into a real estate lease agreement with E as to the instant apartment from April 28, 2007 to April 7, 2009, with the lease deposit amount of KRW 20,000,000, and the lease term of the instant apartment from April 28, 2007 to April 7, 2009, G entered into a lease agreement with the Daejeon District Court, and completed the registration of establishment of a lease agreement with the person having chonsegwon and the deposit money of KRW 20,00,000,000, and the entire period of a residential building, from April 28, 2007 to April 27, 2009.
C. On April 30, 2007, the Plaintiff moved into the apartment of this case with G’s permission, and thereafter made a move-in report to the domicile of the apartment of this case on the same day.
With respect to the apartment of this case, on July 22, 2014, the auction procedure for the auction of real estate was initiated by the Daejeon District Court Support B, which was decided on September 30, 2014 by the auction court as the type of demand for distribution in the above auction procedure.
E. On September 24, 2014, G, as a lessee of the instant apartment, filed a report on the right and demand for distribution with the amount of KRW 25,000,000, the lease deposit amount as the lessee of the instant apartment.
F. From KRW 39,409,512 to be distributed on April 16, 2015, the auction court distributed KRW 20,000,000 to G in the second order among the remaining money distributed KRW 15,144,463 to Jung-Eup Agricultural Cooperative, which is the first order, and distributed KRW 4,265,049 to the Defendant (North Incheon Metropolitan Government Office) in the third order.
G. The Plaintiff appeared on the aforementioned date of distribution, and raised the instant lawsuit of demurrer against the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 5, Eul evidence 1-1, Eul evidence 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion on this ground.