배당이의의 소
1. Of the dividend table prepared by the above court on June 11, 2014 with respect to the auction of real estate B in Incheon District Court.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 2, and 3-1, and 2.
In order to secure a loan claim against C, the Plaintiff completed the registration of creation of a neighboring mortgage (the maximum debt amount of 171,600,000) on April 18, 2008 with respect to D Apartment 204, 1205 (hereinafter “instant real estate”) owned by C, and (2) completed the registration of creation of a neighboring mortgage (the maximum debt amount of 20,800,000 on November 19, 2009) and accordingly loaned KRW 148,00,000 to C on November 19, 2009.
B. On September 27, 2013, the Plaintiff was above-mentioned.
Based on the right to collateral security, Incheon District Court B applied for a voluntary auction of the instant real estate based on the right to collateral security, and the decision of voluntary auction was rendered on September 30, 2013 by the above court.
C. On April 27, 2013, the Defendant asserted that the lease contract with C was concluded between KRW 15,00,000 for the lease deposit for the instant real estate and the term of lease from April 27, 2013 to April 26, 2015, and filed an application for a report on rights and a request for a demand for distribution with the Auction Court around October 14, 2013, when the said voluntary auction procedure was in progress.
On June 11, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 152,815,609 to the Defendant, who is the lessee of small claims, to the Defendant, who is the lessee of small claims, in the first order, KRW 15,00,000, and KRW 137,636,369 to the Plaintiff, who is the applicant creditor and the mortgagee of small claims.
E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the full amount of distribution to the Defendant, and filed the instant lawsuit on June 17, 2014, which was within seven days thereafter.
2. The assertion and judgment
A. The plaintiff alleged by the parties (1) is primarily the tenant who entered into a false rental agreement on the instant real estate in order to receive a small amount of deposit under the Housing Lease Protection Act, and thus the amount of dividend against the defendant should be deleted.