배당이의등
1. Of the dividend table prepared by the above court on March 26, 2014 regarding the case of the voluntary auction of real estate B in Incheon District Court.
1. Basic facts
A. On June 23, 2011, the Plaintiff filed an application for auction of the instant apartment (hereinafter “instant apartment”) with respect to Article 401 of the Seo-gu Incheon D apartment No. 4, Seo-gu, Incheon (hereinafter “C”), the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 169 million, and thereafter, on July 22, 2013, on the Plaintiff’s application, the decision to voluntarily commence the auction of the instant apartment (hereinafter “instant auction procedure”).
B. During the instant auction procedure, the Defendant filed a report on the right and the demand for distribution by asserting that he is a small lessee under Article 8 of the Housing Lease Protection Act for the instant apartment at the executing court.
On March 26, 2014, at the instant auction procedure, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that: (a) the Defendant, who applied for a demand for distribution as a small lessee, distributes KRW 21 million in the first order; and (b) distributes KRW 91,836,894 to the Plaintiff, who is the applicant creditor and the mortgagee, the right to collateral security, in the third order.
Accordingly, on the date of distribution, the Plaintiff stated an objection against KRW 21 million with respect to the Defendant, and thereafter filed the instant lawsuit on April 2, 2014, within one week thereafter.
[Grounds for recognition] The descriptions of Gap 1, 2, 5, 7, and 8 and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On January 29, 2013, the Plaintiff asserted that the Defendant entered into a lease agreement with C on the instant apartment as KRW 21 million with respect to the instant apartment between January 29, 2013, while receiving dividends of KRW 21 million in the instant auction procedure, the Defendant is the most lessee of the instant apartment.
Nevertheless, given that the Plaintiff could not receive dividends of KRW 21 million from the auction procedure due to the above dividends against the Defendant, the dividend amount of KRW 21 million against the Defendant in the instant distribution schedule should be KRW 0,000,000, and KRW 91,836,894 against the Plaintiff should be corrected respectively.