배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The New Bank Co., Ltd. (hereinafter “New Bank”) granted a loan to C on October 14, 201, and as a security, completed the registration of the establishment of a mortgage with respect to “Seoul-dong-dong-dong-gu D No. 202, 1003 (hereinafter “the apartment of this case”)” owned by C on October 14, 201, with the maximum debt amount of the apartment of this case 617,040,000, the debtor as C and the mortgagee as the new bank.
B. On December 30, 2014, the Defendant transferred the right to collateral security against C from the new bank on December 30, 2014, and completed the registration of transfer of collateral security to the Defendant from the new bank on January 20, 2015.
C. Upon delay in the principal and interest of the loan, the Defendant applied for the commencement of auction of real estate related to the apartment of this case to the Goyang-gu District Court Goyang-do Branch B, and on May 27, 2015, the auction procedure was conducted, such as the registration of the voluntary decision on commencement of auction was completed.
(hereinafter “instant auction procedure”). D.
On January 10, 2014, the Plaintiff leased the instant apartment from C as KRW 47,00,000 per month for lease deposit, and KRW 300,000 per month for rent, and filed a move-in report on February 7, 2014, on the ground that it is a legitimate lessee under the Housing Lease Protection Act, which filed a move-in report on February 7, 2014, filed a report on the right and an application for demand
E. On January 27, 2016, a court of execution prepared a distribution schedule containing the purport of 506,076,476 won to be actually distributed, which excludes the Plaintiff from the distribution procedure, and distributing KRW 504,824,556 to the Defendant.
(F) The Plaintiff appeared on the date of distribution, and raised an objection against KRW 22,00,000 out of the Defendant’s dividend amount, and filed the instant lawsuit within seven days thereafter.
【Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 1, 2, 3, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff was a legitimate small lessee under the Housing Lease Protection Act.