배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. On December 6, 2013, the procedure for compulsory auction by official auction was initiated with the Gwangju District Court B as of December 6, 2013, upon the application of the smuggling Credit Cooperatives (hereinafter “C”) with respect to the housing of 153m2 and 153m2 and 2m3m2 above ground-based cement, brick, C-gu, Gwangju (hereinafter “instant real estate”); and only the housing portion (hereinafter “instant building”).
B. On June 4, 2015, a court of execution distributed dividends from the proceeds of sale of each real estate of this case during the compulsory auction procedure at the above compulsory auction procedure at the same time after deducting the cost of execution. The court of execution distributed KRW 61,272,367 to the defendant, and prepared a distribution schedule that does not entirely distribute to the plaintiff who requested distribution as a lessee to the
C. The Plaintiff appeared on the above date of distribution and raised an objection against the Defendant regarding KRW 50,00,000 out of the amount of distribution to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 7
2. The plaintiff's assertion and its determination
A. On November 18, 1987, the Plaintiff’s assertion entered into a lease agreement with C on the first floor of the instant building with a deposit of KRW 30 million, and resided therein. On March 191, 191, the Plaintiff paid KRW 50 million in total by additionally paying a deposit of KRW 20 million with the construction cost for the second floor of the instant building. Accordingly, on January 6, 2011, the Plaintiff entered into a lease agreement with a deposit of KRW 50 million with a deposit of KRW 19 million under the Housing Lease Protection Act. Since the Plaintiff is a genuine tenant, the Plaintiff should be paid the top priority payment of KRW 19 million under the Housing Lease Protection Act prior to the Defendant.
B. According to the statements in Gap evidence Nos. 3, 4, 6, and 7, the plaintiff made a move-in report on November 18, 1987, the plaintiff made a move-in report on the domicile of the building in this case as of November 20, 2008, the lease contract stating that the plaintiff shall rent the first floor of the building in this case as of November 20, 2008 KRW 30 million, and the lease contract stating that the plaintiff shall rent the first floor of this case as of January 6, 201 KRW 50 million as of January 6, 201.