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 April 30, 2012, the Gangnam-gu Saemaul Savings Depository established the right to collateral security of KRW 312 million with respect to the land (hereinafter “instant land”) and the two-story multi-household housing owned by D (hereinafter “instant house”) on the land (hereinafter “instant land”). The Plaintiff completed the supplementary registration of the right to collateral security transfer on January 28, 2015 due to the transfer of the finalized claim on January 23, 2015.
B. On May 7, 2014, upon the application for commencement of voluntary auction by the new forest, the Seoul Northern District Court C of Seoul Northern District Court (hereinafter the above auction procedure referred to as “instant auction procedure”) had decided to commence voluntary auction with respect to the instant land and housing, and the entry registration was completed.
C. In the instant auction procedure, Defendant A entered into a lease agreement with D on December 1, 2013 and the entire right-hand side of the fourth floor (hereinafter “the instant branch floor”) of the instant housing, with the deposit for lease at KRW 30 million and the lessee who received the move-in report and the fixed date on December 16, 2013, and Defendant B entered into a lease agreement with the deposit for lease at KRW 30 million on February 15, 2014 and on the entire third floor tower (hereinafter “the instant rooftop”) among the instant housing, and filed a report on the right and demand for distribution with the lessee who received the move-in report and the fixed date on April 15, 2014.
On June 4, 2015, the auction court distributed the Defendants each KRW 25 million to the Defendants on the grounds that they are small tenants, and prepared a distribution schedule with the content that distributes KRW 52,590,175 to the Plaintiff. The Plaintiff appeared on the aforementioned distribution date and raised an objection against all of the Defendants’ dividends, and filed a lawsuit of demurrer against distribution on June 9, 2015, within seven days thereafter.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion is the land and housing of this case.