배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence Nos. 1 to 7, 9, 11, and 12:
On November 29, 2010, the Plaintiff extended KRW 130,000,00 to Nonparty C, and completed the registration of the establishment of the third floor of the D building owned by Nonparty C (hereinafter “instant building”) of the same day as the maximum debt amount of KRW 169,00,000, and the debtor C and the mortgagee of the right to collateral security (hereinafter “the instant building”).
B. The Plaintiff on July 12, 2013
On November 25, 2014, the Incheon District Court filed an application for a voluntary auction of real estate E with respect to the instant building based on the right to collateral security, and voluntarily filed an application for a voluntary auction with the same court B on November 26, 2014 and rendered a decision to commence voluntary auction on November 26, 2014.
C. The Defendant entered into a lease agreement with C as of August 6, 2012, which was stipulated from September 10, 2012 to September 10, 2014, with respect to the lease deposit amounting to KRW 27,00,000 for the instant building, and the term of lease from September 10, 2012 to September 10, 2014, completed a move-in report on September 10, 2012 and received a fixed date, and applied for a report on rights and a demand for distribution to the auction court on January 19, 2015, which was in progress with the said auction procedure.
On January 21, 2016, the auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) that distributes the amount of KRW 105,295,204 to the Defendant, who is a small lessee, to the Defendant, who is the applicant creditor (the mortgagee) in the order of 105,295,204, and KRW 27,00,000, and KRW 81,032,614 to the Plaintiff.
E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection to the total amount of distribution to the Defendant, and filed the instant lawsuit on January 28, 2016, which was seven days or less thereafter.
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is selectively selected, as the Defendant is the most lessee, the amount of dividend against the Defendant should be deleted, or the conclusion of a lease agreement on the instant building between C and C with a debt excess is a fraudulent act, and thus, the said agreement is revoked.