배당이의
1. A lease contract concluded on September 4, 2015 between the Defendant and B on real estate indicated in the separate sheet between the Defendant and B is 16,575.
1. Facts of recognition;
A. On September 19, 2012, the Plaintiff loaned KRW 37,000,000 to B, and completed the registration of the establishment of a neighboring mortgage, which is a maximum debt amount of KRW 44,400,00 with respect to the real estate in the separate sheet owned by B on September 17, 2012 (hereinafter “instant house”).
B. As of September 22, 2016, B delayed repayment of the principal and interest of loan, the principal and interest of loan became KRW 36,392,986. Accordingly, the Plaintiff applied for auction of real estate regarding the instant housing on September 27, 2016, and on September 28, 2016, Incheon District Court C rendered a decision to commence auction of real estate on September 28, 2016.
C. On September 4, 2015, the Defendant entered into a lease contract with the term of 20,000,000 won for the instant housing as the lease deposit, and 12 months for the term of lease. On October 31, 2016, the Defendant filed a report on the right of KRW 20,000,000 with the auction court and filed an application for demand for distribution.
B As small property, the instant housing (appraisal value of KRW 50,00,000) was solely owned by the Plaintiff, while the instant housing (appraisal value of KRW 50,00,000) was fully owned by the Plaintiff, and was in excess of the liability at the time of the instant lease agreement.
E. On November 21, 2017, the above court drafted a distribution schedule with the content that distributes the amount of KRW 20,000,000 (100%) to the Defendant, who is a lessee of small amount, and KRW 36,870 (100%) to the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, the delivery authority, and KRW 25,052,668 (60.18%) to the Plaintiff, the mortgagee, in the order of claim 41,628,064, among the amount of claim 41,628,064 (60.18%) to the Plaintiff, the mortgagee.
F. The Plaintiff appeared on the date of distribution and raised an objection against KRW 16,575,396 out of the Defendant’s dividend amount.
[Ground of recognition] No dispute, Gap evidence Nos. 1 through 7, and the result of fact inquiry into the Court Administration Office of this Court, the purport of the whole pleadings
2. The plaintiff's assertion (the plaintiff's selective claim).