배당이의
1. On December 17, 2014, the procedure for distributing the distribution of the case of voluntary auction application for the real estate B by Goyang-gu District Court Goyang Branch B.
1. Facts of recognition;
A. On November 15, 201, the Defendant entered into a lease agreement with Nonparty C with respect to KRW 10,00,000,000 for the lease deposit, and KRW 1,250,000 for the rent, monthly, and the possession period from December 2, 201 to December 1, 2013, respectively.
The Defendant, on December 5, 201, filed a move-in report on the said real estate and received a fixed date on the same day.
After that, around December 2013, the lease contract was renewed and the defendant continued to reside in the real estate of this case.
B. As to the instant real estate in the process of the auction procedure, the right to collateral security was established in the name of the Plaintiff, but the Plaintiff filed an application for voluntary auction with the District Court B on the basis of the foregoing right to collateral security, and the auction was commenced upon the decision to commence the auction on April 15, 2014.
In the above procedure, on April 29, 2014, the defendant filed a report on rights and filed an application for demand for distribution with respect to KRW 10,000,000.
C. On December 17, 2014, a distribution schedule was formulated to distribute KRW 10,000 to the Defendant, a lessee of small amount, prior to the said voluntary auction procedure, and distribute the remainder of KRW 249,636,00 to the Plaintiff.
Accordingly, the plaintiff appeared on the date of distribution and raised an objection to the full amount of the dividend to the defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. The plaintiff asserts that the plaintiff's assertion that since the defendant did not pay the difference from the commencement date of the auction, the unpaid difference should be deducted from the deposit.
On the other hand, the defendant asserts to the effect that monthly payments should be made only by April 2014, but it should be paid with repair allowances, directors' expenses, etc.
B. The judgment security deposit covers all the obligations of the lessee with respect to the lease arising after the termination of the lease agreement until the time when the object is delivered to the lessor and the secured obligation.