배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 7, 2012, the Plaintiff entered into a credit transaction agreement with D on KRW 102,00,000,000. In order to secure D’s obligations, E, the wife of D, completed the registration of the establishment of the neighboring apartment of Yeongdeungpo-gu Seoul Metropolitan Government 104, 101 (hereinafter “instant apartment”).
B. The Plaintiff and the Korea Housing Finance Corporation filed an application for voluntary auction on the instant apartment with the Seoul Southern District Court. The Seoul Southern District Court accepted each of the above applications and rendered a decision to commence voluntary auction on May 30, 2014 and June 27, 2014, respectively.
[Seoul Southern District Court B, C (Dupl) and hereinafter the above auction procedure is called the "instant auction procedure"].
The Defendant asserted that, on March 3, 2014, the Defendant concluded a lease agreement with respect to the instant apartment on the following terms (hereinafter “instant lease agreement”), and filed an application for a report on rights and a request for distribution in the instant auction procedure on August 7, 2014.
- Lease object: The apartment of this case - Lease deposit: 25 million won - Monthly rent: 350,000 won
D. On the date of distribution of the instant auction procedure implemented on April 29, 2015, the Seoul Southern District Court: (a) drafted a distribution schedule with the content that distributes KRW 25,00,000 to the Defendant as the first-class lessee of small claims; and (b) the Plaintiff distributed KRW 14,528,670 to the fifth-class collective security right (hereinafter “instant distribution schedule”); (c) the Plaintiff raised an objection against the entire amount of dividends to the Defendant on the date of distribution; and (d) filed the instant lawsuit within seven days thereafter.
E. On April 21, 2015, the Plaintiff holds loan claims of KRW 132,176,804 against D as of April 21, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4, 6, 8, 11, and 12 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. The instant lease agreement between E and the Defendant is the Defendant.