배당이의
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) On June 17, 2013, the OSB Savings Bank Co., Ltd. (hereinafter “the instant apartment”) is between D and D, Guro-gu Seoul Metropolitan Government E Apartment 1803 (hereinafter “instant apartment”).
(B) As to the obligor D, the maximum debt amount of KRW 278,400,00, and the collective security agreement concluded with OSB Savings Bank on the same day (hereinafter “instant collective security agreement”). After completing the registration of establishment of a mortgage on the same day, OSB Savings Bank transferred the instant collective security to the Plaintiff on April 24, 2014, and completed the additional registration. (B) On November 7, 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D, the owner of the instant apartment, under the brokerage of F Licensed Real Estate Agent Office, with D, the deposit amount of KRW 33,00,000,000, and the term of lease from December 7, 2013 to December 6, 2015 (hereinafter “instant lease”).
(2) The Defendant paid D the remainder of KRW 30,000,000 on the date of the instant lease agreement, and the remainder of KRW 30,000,000 on December 6, 2013, respectively, completed the move-in report on November 11, 201, and obtained the fixed date, and entered into the instant apartment with his family members on December 9, 2013.
C. On January 8, 2014, OSB Savings Bank filed an application for the instant apartment on the instant apartment based on the instant collateral security, with the Seoul Southern District Court C for a voluntary auction of real estate, and received a decision on the commencement of auction on January 10, 2014.
On October 29, 2014, with respect to the apartment of this case on the date of distribution, on October 29, 2014, the execution court acknowledged the defendant as a lessee of small claims, and 25,00,000 won to the defendant, 379,400 won to Guro-gu, a holder of the second priority, 3rd priority, 196,939,397 won to the Seongbuk-gu, a pledgee of the right to collateral security, and 55,419.