배당이의
1. The plaintiff's main claim is dismissed.
2. As to the real estate listed in the separate sheet between the Defendant and B, September 2014.
1.The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4, Eul evidence No. 1, and Eul evidence No. 4:
Plaintiff
On September 1, 2015, while absorbing Han Bank, a stock company and Han Bank were merged into the current one. In order to secure a loan claim against B, the registration of establishment of a neighboring mortgage with a maximum debt amount of KRW 288,00,000 on the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) on December 4, 2012. On July 25, 2013, the registration of establishment of a neighboring mortgage with a maximum debt amount of KRW 130,00,000 on the said real estate was completed.
B. As between September 3, 2014 and B, the Defendant entered into a lease agreement to lease the instant real estate (hereinafter “instant lease agreement”) with a fixed date fixed from September 29, 2014 to September 28, 2016, and filed a move-in report with the fixed date on September 29, 2014.
C. On January 21, 2015, the Plaintiff filed a request for auction to exercise the security right to the instant real estate, and the auction procedure for the real estate was commenced as Busan District Court Branch C with the Busan District Court Branch C on January 21,
(hereinafter “instant auction procedure”).
D. On October 16, 2015, the executing court: (a) distributed KRW 22,00,000 among KRW 368,757,517 to the Defendant, a small lessee, in the first order; and (b) drafted a distribution schedule that distributes the remainder of KRW 346,757,517 to the Plaintiff, who is the applicant creditor and the mortgagee, as the right to collateral security (hereinafter “instant distribution schedule”).
E. On the date of distribution, the Plaintiff stated an objection to the entire amount of distribution to the Defendant, and filed the instant lawsuit within the period of filing the lawsuit.
2. Judgment on the main claim
A. The Plaintiff’s assertion at the time of entering into the instant lease agreement.