배당이의
1. It was drawn up by the above court on March 28, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.
1. Facts of recognition;
A. 1) The Defendant’s real estate indicated in the attached list, owned by Nonparty C (hereinafter “instant apartment”).
(1) As to the establishment registration of a mortgage (hereinafter “mortgage of this case”), the establishment registration of a mortgage (hereinafter “mortgage of this case”) consisting of KRW 462,00,000,000, the amount of maximum debt amount of which is KRW 462,000,000, out of which is the grounds for the establishment of a mortgage (hereinafter “mortgage of this case”) under the jurisdiction of the Hayang-gu District Court’s High Court’s High Court
(2) The Defendant filed an application for voluntary auction on the instant apartment based on the instant mortgage, and on July 19, 2013, there was a voluntary decision to commence the auction procedure following the said voluntary decision to commence the auction (hereinafter “instant auction procedure”).
3) At the instant auction procedure, Goyang Branch of the District Court distributed the amount of KRW 1,354,400 out of KRW 311,14,253, which was actually distributed on March 28, 2014, to Goyang-si, the holder of the right to deliver (the pertinent tax) in the first order, and the amount of KRW 309,789,853, which was distributed to the Defendant, the creditor of the instant apartment in the second order. The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) who claimed as the lessee of the instant apartment in the instant case and claimed as a demand for distribution.
A) A distribution schedule with a content that is excluded from dividends (hereinafter “instant distribution schedule”) shall be deemed to be a distribution schedule.
(4) The Plaintiff appeared on the aforementioned date of distribution and raised an objection against KRW 22,00,00 equivalent to the deposit for small amount of redemption recognized pursuant to the Housing Lease Protection Act among the amount of dividends against the Defendant, and filed a lawsuit of demurrer against the instant distribution on April 4, 2014.
B. 1) On July 23, 2012, the Plaintiff entered into a lease agreement with Nonparty C and the instant apartment without any brokerage of a licensed real estate agent, with respect to the lease deposit amounting to KRW 50,000,000, and with respect to the lease period, the lease agreement between August 18, 2012 and 24 months (hereinafter “instant lease agreement”).
(2) On August 23, 2012, the Plaintiff entered into a contract.