배당이의의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts do not conflict between the parties, or are revealed in full view of Gap evidence No. 2, Gap evidence No. 4, and Gap evidence No. 5 and the purport of all the arguments.
On May 27, 2010, the Plaintiff leased (hereinafter “instant lease contract”) KRW 75,00,00 for the deposit money, and for the lease period, from June 26, 2010 to June 26, 201, the Plaintiff completed the move-in report to the instant real estate on July 9, 2010, and obtained a fixed date on the lease contract after completing the move-in report to the instant real estate.
B. On December 1, 2010, F completed the registration of ownership transfer on the instant real estate from D, and completed the registration of ownership transfer on the ground of sale, and completed the registration of additional branch court of Incheon District Court, No. 118806, Dec. 1, 2010, with the maximum debt amount of KRW 97,500,000, and the registration of establishment of a neighboring mortgage to the debtor F (hereinafter “instant collateral security”).
C. On August 31, 201, the Plaintiff completed the instant lease agreement and the registration of the vice branch court of the Incheon District Court and the registration of the instant real estate lease under Article 92240, which was received on August 31, 2011, transferred the instant real estate, and thereafter, applied for payment order against F, and on November 7, 201, F received a payment order (hereinafter “instant payment order”) from the Defendant to pay the lease deposit amount of KRW 75,00,000,000 and delay damages therefor. This was finalized on November 29, 2011.
The Plaintiff filed an application for a compulsory auction on the instant real estate with a claim of KRW 105,00,000 in total with the principal and damages for delay of the instant payment order, and on February 5, 2015, the Busan District Court rendered a decision to commence compulsory auction as C on February 5, 2015.
(hereinafter “instant compulsory auction”). E.
The Busan District Court's Branch's branch on September 22, 2015, total of 34,674,700 won to the plaintiff (excluding the amount of distribution to the plaintiff in whole with the right to the plaintiff) on the date of distribution on September 22, 2015, and 25,149.