배당이의
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In order to secure a claim against C, the New Bank Co., Ltd. (hereinafter “New Bank”) completed the registration of the establishment of a mortgage respectively with the maximum debt amount of 12,00,000 won on January 31, 2002, the maximum debt amount of 156,00,000 won on January 31, 2002, and the maximum debt amount of 27,00,000,000 won on April 25, 2003, and 50,00,000,000,000,000,000 on November 14, 2005, and 36,00,000,000,000 won on March 5, 209, and the maximum debt amount of 60,000,000 won on October 11, 201, respectively.
B. On October 30, 2014, as the new bank did not repay the debt to the new bank, the new bank applied for a auction of the instant real estate to Suwon District Court B with respect to the instant real estate based on each of the above collateral security rights. The said court accepted the above application on October 31, 2014 and rendered a ruling to commence the auction.
Since then, the real estate in this case was sold and distributed 288,369,343 won to be actually distributed after deducting the execution cost.
C. After applying for an auction of the above real estate, the new bank transferred both claims and collateral security against C to the Plaintiff pursuant to the “Contract for the Sale of Claim” and “Contract for the Transfer and Acceptance of Claim Sales Contracts,” and the Plaintiff succeeded to the status of the new bank in the above auction procedure and received dividends.
On July 23, 2014, the Defendant concluded a lease agreement with C on the condition that the lease deposit for the instant real estate was KRW 20,000 won, monthly rent of KRW 100,000,000, and the term of lease was from July 23, 2014 to July 23, 2016 (hereinafter “instant lease agreement”). On July 10, 2014, the Defendant reported the right and demanded distribution as a small lessee under the Housing Lease Protection Act at the auction procedure.
E. The auction court shall distribute the amount of KRW 288,369,343 to the Defendant 14,00,000, and the amount of KRW 402,240, and KRW 273,967,103 to the Plaintiff in the second order.