배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 21, 2012, the Plaintiff: (a) registered the instant housing owned D as a collateral with a maximum debt amount of KRW 95,500,119; and (b) on September 30, 2013, the Defendant reported the instant housing as a Korean national residing abroad (Korean national New Zealand), as a Korean national residing abroad.
B. On January 13, 2014, the auction procedure stated in the purport of the claim was commenced upon the application of the KOE, which is the first mortgagee.
The Plaintiff demanded a distribution as a mortgagee (the amount of claim for distribution KRW 88,073,765), and the Defendant demanded a distribution as a lessee.
(The amount of demand for distribution shall be KRW 25 million).
The instant house was sold to the Defendant on October 15, 2014 at the above auction procedure, and three cases were the security rights extinguished by the sale at that time.
(1) On November 21, 2012, the maximum debt amount of KRW 324,00,000, which shall be the mortgagee, shall be the mortgagee, and on November 21, 2012, the maximum debt amount of KRW 95,500,119, which shall be the mortgagee, shall be the mortgagee, and on July 17, 2013, the maximum debt amount of KRW 50,000,000, the maximum debt amount of which shall be the mortgagee.
On October 24, 2014, a court of execution recognized the defendant as a lessee under the Housing Lease Protection Act, and distributed the defendant 19,231,104 won (including a small amount of deposit under the Housing Lease Protection Act) to the defendant, and made a distribution schedule that distributes the amount of KRW 7,702,890 to the plaintiff.
E. The Plaintiff appeared on the date of distribution and raised an objection to the total amount of the Defendant’s dividends.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 7 evidence, Eul 1 (including provisional number), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion ① the Defendant is the most lessee.
(2) A lease agreement between the defendant and D shall be revoked as a fraudulent act.
(3) Korean nationals residing abroad have the same effect as the resident registration under the Housing Lease Protection Act, and the defendant fails to meet the requirements for preferential repayment under the Housing Lease Protection Act.
(b) the defendant.