배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts (no special dispute exists);
A. On June 23, 2011, the Defendant leased from D the first floor room of Gwanak-gu in Seoul Special Metropolitan City E site and Housing (the site and Housing in this case below), 38,000,000, and 2 years, respectively.
B. On April 24, 2014, the Plaintiff acquired from F the collateral security claim amounting to KRW 45,000,000 from F with respect to the instant land and housing units related to F, and the maximum debt amount set forth in the instant land and housing units (on March 23, 2012, the collateral security right date).
C. On May 29, 2014, the Seoul Central District Court: (a) drafted a distribution schedule to distribute KRW 25,000,000 to the Plaintiff who acquired the right to collateral security from F to the Plaintiff who acquired the right to collateral security from F in the order of 4th priority in the case of B, C, and C (Dual) concerning the instant site and housing; and (b) the remaining amount of KRW 13,00,000,000 to the lessee of small claims including the Defendant, etc.
The plaintiff appeared on the date of the above distribution, and raised an objection against KRW 23,90,847 of the defendant's dividend amount, and then filed the lawsuit of this case.
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion asserts that, although the Defendant entered into a lease agreement with D, the Defendant did not actually reside in the instant house, and that the Plaintiff did not have opposing power because it did not move-in report on resident registration, the Plaintiff’s distribution of the amount less than the maximum debt amount of the Plaintiff’s dividends against the Defendant is unfair, and that it should be distributed to the Plaintiff.
B. Determination 1) The lessee may allow the occupation assistant to possess the leased house. The requirements for setting up against the resident registration under Article 3(1) of the Housing Lease Protection Act include not only the lessee himself/herself but also the resident registration of his/her spouse or child and other family members (see, e.g., Supreme Court Order 94Ma2134, Jun. 5, 1995; Supreme Court Order 87Meu3093, 3094, Jun. 14, 198). 2) In this case, the Defendant is himself/herself in full view of the purport of all pleadings as to the evidence No. 1, 2, 4, and 8 of the Housing Lease Protection Act.