배당이의
1. The distribution schedule prepared by the said court in the distribution procedure for D real estate rental auction cases in Daegu District Court and racing support D.
1. On January 12, 2017, the Plaintiff completed the registration of the establishment of a mortgage on real estate (hereinafter “the instant loan”) with the debtor F and the maximum debt amount of 108,456,000 (hereinafter “the instant loan”) as indicated in the separate sheet, owned by E, to secure the principal and interest of the loan to Nonparty F, who is the representative director of Nonparty E (E) (hereinafter “E”).
On December 19, 2017, the decision to commence an auction of real estate G in this Court (hereinafter “instant auction”) was issued on the instant loan on December 19, 2017 upon the Plaintiff’s request and the registration was completed.
In the instant auction procedure, the Plaintiff submitted a claim statement of KRW 102,214,920 (= Principal KRW 90,380,000) and interest KRW 11,834,920).
On the other hand, on February 1, 2018, the Defendant asserted that it was a lessee with respect to the instant loan at the auction procedure of this case, and demanded the distribution of KRW 40 million for the lease deposit.
On February 13, 2019, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant shall distribute KRW 17,000,000 to the Defendant as the first-class lessee and KRW 50,251,922 to the Plaintiff as the third-class mortgagee (hereinafter “the third-class mortgagee”).
On February 13, 2019, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on the date of distribution of the instant auction procedure, and filed the instant lawsuit within seven days thereafter.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The defendant is the most lessee of the loan of this case and is not entitled to preferential repayment in the auction procedure of this case.
Therefore, the amount of KRW 17,00,000 against the Defendant should be deleted from among the dividend table of this case that the Defendant recognized as the first-class lessee, and the amount of KRW 50,251,922 against the Plaintiff should be corrected as KRW 67,251,922 (= KRW 50,251,922).
B. Defendant on September 13, 2017