배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 18, 2014, the Plaintiff leased KRW 125,30,000 to G, and completed the registration of the establishment of a mortgage on each apartment indicated in the attached Table No. 2 (hereinafter “instant apartment”) owned by G on the same day, as the receipt of the maximum debt amount of KRW 34,720,000 on July 18, 2014, as the receipt of No. 4837 on July 18, 2014, in order to secure the claim against G, the Plaintiff completed the registration of the establishment of a mortgage on each apartment indicated in the attached Table No. 2 (hereinafter “instant apartment”).
B. On March 24, 2017, the Plaintiff applied for the commencement of voluntary auction for each apartment as stated in the separate sheet, and the decision on commencement of auction for each apartment was rendered on the same day.
[The auction procedure of this case hereinafter referred to as "the auction procedure of this case") of Chuncheon District Court is D's Young real estate auction, E(Dual) real estate auction, F's compulsory auction, F(Dual) real estate auction.
Meanwhile, the Defendant asserted that, on March 10, 2017, he leased the instant apartment from G to KRW 15,00,000, monthly rent of KRW 50,000 (hereinafter “instant lease agreement”), and that on June 16, 2017, the Defendant filed an application for a report on rights and a demand for distribution as a lessee under the Housing Lease Protection Act, and on the lease agreement made between the Defendant and G, the fixed date date is granted on March 10, 2017, and the Defendant completed the move-in report on resident registration in the instant apartment on March 10, 2017.
On March 28, 2018, the Youngcheon District Court set up a distribution schedule with the content that distributes dividends as shown below, with the first order of the small tenants of each apartment in the attached list, and the second second order of the plaintiff, who is the applicant creditor, as the creditor of the attached list, as to KRW 193,167,282, excluding execution expenses, by opening the date of distribution on March 28, 2018.
The creditor who applies for the amount of dividend to the tenant of a small amount of real estate subject to the auction.