배당이의
1. It was prepared on March 26, 2015 by the said court with respect to the auction case of the real estate B located in the Changwon District Court Msan District Court.
1. Basic facts
A. On January 7, 2011, the Defendant leased (hereinafter “instant lease agreement”) No. 501 of the fifth floor of Changwon-si, Changwon-si D No. 1 and 501 of the fifth floor (hereinafter “instant building”) by setting the deposit amount of KRW 20 million, monthly rent of KRW 90,000,000, and the period of January 24, 2013 (hereinafter “instant lease agreement”).
B. On January 11, 2011, the Defendant: (a) filed an application for business registration with the trade name “E-gu club” (hereinafter “instant place of business”); (b) received the instant building on January 25, 201; and (c) received the fixed date from the head of Mapo Tax Office regarding the instant lease agreement on July 27, 2012.
C. On August 10, 2012, F succeeded to the instant lease agreement after completing the registration of ownership transfer on the instant building.
G on July 2, 2013, the building of this case was registered to transfer its ownership in the future, and the Plaintiff succeeded to the instant lease contract.
E. On October 31, 2013, the Defendant closed the instant place of business, and on March 25, 2014, upon receipt of the order of lease registration under the Changwon District Court Branch Decision 2014Kao64, the lease registration was made on April 3, 2014.
F. On June 19, 2014, upon the Plaintiff’s application, a voluntary auction was commenced as to the instant building, Masan Branched B, and on March 26, 2015, on the date of distribution, the said court prepared a distribution schedule with the content that distributes each of KRW 147,219,54 in the order of priority as the lessee with a fixed date, to the Defendant as the right to collateral security (hereinafter “instant distribution schedule”), and the Plaintiff appeared on the said date of distribution and stated an objection against the total amount of dividends of the Defendant.
[Reasons for Recognition] Facts without dispute, Gap 1, 4, 5, 6 evidence, Eul 1, 2, 3, and 4 evidence, and fact-finding with the director of Msan Tax Office of this court, the purport of the whole pleadings.