배당이의
1. The plaintiff's main claim is dismissed.
2. On November 2013, 2013, the real estate indicated in the separate sheet between the Defendant and B.
1. Basic facts
A. On August 13, 2012, the Plaintiff lent KRW 120 million to B, and completed the registration of the establishment of a mortgage consisting of KRW 144 million with respect to the real estate listed in the separate title owned by the Plaintiff (hereinafter “instant real estate”).
B. Since then, the Plaintiff applied for a voluntary auction of real estate on the instant real estate to Seoul Northern District Court C, based on the foregoing collateral security, and this court rendered a voluntary decision to commence the auction on February 25, 2014.
(hereinafter “instant auction procedure”). C.
The Defendant asserted that the instant real estate was a lessee who paid the deposit amount of KRW 30 million during the instant auction procedure, and filed a report on the right and demand for distribution.
On the date of distribution conducted on December 17, 2014, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 109,817,393 to the Plaintiff, who is the applicant creditor and the mortgagee, as well as the mortgagee, in the first order of the Defendant who demanded a distribution as a small lessee on the date of distribution.
E. Accordingly, on the aforementioned date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant, and thereafter filed the instant lawsuit on December 22, 2014, within one week thereafter.
[Ground of recognition] A without dispute, Gap 1-3 evidence, Gap 4-1, Gap 5 evidence, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion is the most lessee who entered into a false lease agreement on the instant real estate in order to receive the distribution of a small amount lease deposit under the Housing Lease Protection Act. Thus, the Defendant’s deeming the Defendant as a small lessee and distributing KRW 25 million should be deemed unlawful, and thus, the instant distribution schedule should be revised as stated in the purport of the claim.
B. The following circumstances are revealed by the statement Nos. 1 to 8 of the judgment, namely, the Defendant, as a broker of a licensed real estate agent D on November 4, 2013, between B and B, as the broker of a licensed real estate agent D on November 4, 2013, and the period from November 11, 2013 to November 10, 2015.