배당이의
1. On December 10, 2015, the Suwon District Court was drafted in relation to the case of the voluntary auction of the real estate B in Sung-nam Branch.
1. Basic facts
A. On January 29, 2012, the Plaintiff established a collateral security (hereinafter “instant real estate”) with respect to the Gwangju-si and 21 parcel DB No. 102 on the ground (hereinafter “instant real estate”), a Sung-si Co., Ltd., a Sung-si, a Sung-si, the ownership of Sungsung C, with a maximum claim amount of KRW 182 million.
B. Upon the Plaintiff’s request, on November 19, 2014, the procedure for the auction of real estate was initiated as Suwon District Court Branch B with respect to the instant real estate.
C. In the above auction procedure, on December 10, 2015, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of distributing KRW 19 million to the Defendant, a lessee of small claims, and KRW 141,679,912 to the Plaintiff, a mortgagee, in the order of priority on the date of distribution.
The Plaintiff appeared on the date of distribution, and raised the instant lawsuit on December 14, 2015, which was not more than seven days thereafter, after having raised an objection to the whole amount distributed by the Defendant.
[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The plaintiff asserts that the plaintiff's claim does not constitute a small-sum lessee entitled to protection under the Housing Lease Protection Act, since the defendant entered into a lease agreement with Masung for the main purpose of recovering the investment amount.
According to the following circumstances, the defendant entered into a lease agreement on the real estate of this case as a means of recovering investment funds, and it is difficult to regard it as a small lessee under the Housing Lease Protection Act.
(see, e.g., Supreme Court Decision 2013Da62223, Dec. 12, 2013). In other words, the Defendant also entered into the said lease agreement as a means to recover investment funds from Es.C.
② While the Defendant has a claim for payment of KRW 650,000,000 to S.C., the deposit at the time of the above lease agreement shall be paid.