배당이의
1. The distribution schedule prepared by the court of execution on November 25, 2015 with respect to the Busan District Court C real estate auction case.
1. Basic facts
A. On January 30, 2013, D (i) the progress of the auction procedure and the process of the objection to the distribution of the instant apartment complex (hereinafter “the instant apartment complex”) owned by itself to secure the Plaintiff’s obligation to provide loans to the Plaintiff on January 30, 2013.
(2) On April 2, 2015, the Plaintiff filed an application for voluntary auction of the instant apartment to the court C on April 2, 2015, and the Defendants asserted that the lease deposit is KRW 20 million to the executing court and filed a report on the right and demand for distribution, respectively, at the auction procedure.
3) On November 25, 2015, a court of execution deems the Defendants to be a small lessee and distributes to the Defendants the amount of KRW 19 million out of KRW 182,374,663, the amount to be actually distributed to the Defendants, and the remaining KRW 144,374,663, the amount to be distributed to the Plaintiff (hereinafter referred to as the “instant distribution schedule”).
(B) On the same day, the Plaintiff filed an objection to the dividend against the Defendants on the same day. (B) Defendant A entered into a lease agreement on January 16, 2015 that the Plaintiff leased one room of the apartment of this case to KRW 20 million without monthly rent, and on the same day, the said apartment was transferred to the said apartment of this case at the same time with the fixed date.
2) On January 16, 2015, Defendant A remitted KRW 20 million to D’s deposit account using his own Busan Bank’s deposit account. C. As to Defendant B’s lease agreement, Defendant B entered into a lease agreement with the content that Defendant B leases KRW 20 million out of the instant apartment units consisting of D and four rooms on February 26, 2015 without monthly rent, and received a fixed date at the same time as the move-in report was completed.
2) On February 26, 2015, Defendant B remitted KRW 19 million to D’s deposit account using his national bank account on February 26, 2015. 3) Defendant B transferred the amount of KRW 19 million to D’s deposit account on February 28, 2015.