배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 8, 2008, C entered into a lease agreement with E as to D Apartment Nos. 105 and 501 (hereinafter “the instant real estate”) on a deposit amount of KRW 95,00,000 and the lease period of KRW 2 years from May 223, 2008. Since that time, C resided in the said real estate as a lessee, and the said lease agreement was renewed after the lease period expires.
B. The Plaintiff is a partner of C, and on November 13, 201, between E and E, entered into a lease agreement with C with a deposit amount of KRW 30,000,000 out of the deposit amount for the instant real estate. On November 14, 2011, the Plaintiff filed a move-in report with respect to the instant real estate and received a fixed date.
C. The instant real estate was established by establishing each right to collateral, each of which became a bank with the right to collateral security, as the maximum debt amount of 122,400,000 won, 21,600,000 won, and our bank with the right to collateral security, but the said bank filed an application for commencement of auction as Ji Government District Court Goyang Branch B on July 12, 2012, and the procedure was commenced on July 12, 2012, and the Plaintiff filed an application for a report on the right and demand for distribution
On September 23, 2014, the above court drafted a distribution schedule to the effect that the Plaintiff excluded the Plaintiff from the dividends and distributes the remainder of the dividends other than the pertinent taxes to the Defendant who acquired the right from the above bank.
Accordingly, the plaintiff appeared on the date of distribution and raised an objection against the amount of distribution of the defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 8, 9, 12, 13, Eul evidence No. 1, and the purport of the whole pleadings
2. The plaintiff asserts that since the plaintiff is a genuine tenant who enters into a lease agreement with E and pays deposit amounting to KRW 30,000,000 to C, 12,000,000, which is recognized as the preferential payment right under the Housing Lease Protection Act, should be distributed to the plaintiff.
As to this, the defendant shall be given the above lease contract in order to obtain the preferential repayment of the small amount deposit.