배당이의
1. Of the distribution schedule prepared on October 22, 2014 in this Court’s voluntary auction of real estate B, this Court against the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in evidence A2-1, A3, 6, and 7:
On November 30, 2011, the Plaintiff was set up a collateral security worth of KRW 509,600,000 with respect to Gyeyang-gu Incheon Edidong 303 (hereinafter “instant apartment”).
B. The Plaintiff, based on the foregoing right to collateral security, filed an application for voluntary auction of real estate with the court B regarding the instant apartment and the instant apartment and joint collateral Nos. 302, 401, and 402, which were the same as the instant apartment and joint collateral, and subsequently rendered a decision to commence auction on January 10, 2014. The instant apartment was sold to F on September 12, 2014.
C. On February 14, 2014, the Defendant reported a right as a small lessee and demanded a distribution. On October 22, 2014, the said executing court drafted a distribution schedule that distributes KRW 22,00,00 to the Defendant, who is the lessee of small amount, and the Plaintiff, the creditor and the mortgagee of small amount, who is the right to collateral security, in one order from KRW 101,454,827, the amount to be actually distributed, excluding the execution expenses, on the date of open distribution on October 22, 2014.
On the date of distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant, and filed the instant lawsuit on October 28, 2014.
2. The Plaintiff’s assertion is the most lessee or the small lessee subject to protection of the Housing Lease Protection Act, and the dividend against the Defendant is unlawful.
3. According to the evidence No. 2-2, No. 3, and evidence No. 5 of the judgment, the following facts are as follows: ① The contract date between the defendant, C, and D was concluded between the defendant and the defendant as of August 29, 2012; ② the lease contract between September 25, 2012 and September 25, 2014 with respect to the apartment of this case (hereinafter “the lease contract of this case”) was concluded; ② the defendant’s oral payment of KRW 10 million from the defendant’s Lnice G and her husband’s account to C account on August 29, 2012; ③ the moving-in report of this case was transferred from the remainder of KRW 20 million on September 25, 2012 to the remainder of KRW 20 million on September 26, 2012; ③ the defendant as the apartment of this case on November 26, 2012.