배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. When the Suwon District Court prepared a distribution schedule on August 22, 2014 with respect to the compulsory auction case of real estate C in Suwon-si, Suwon-si, Suwon-si, the cause of the claim, the said court excluded the distribution of dividends to the Plaintiff who requested dividends of 15 million won as a small lessee under the Housing Lease Protection Act, and the Plaintiff raised an objection against the amount of dividends to the Defendant.
The instant house was owned by E, the Plaintiff’s birth, and E died on October 19, 2010, and the Plaintiff’s mother F succeeded to it.
On September 10, 201, the Plaintiff disposed of the existing house, and leased one room among the instant house to 15 million won as lease deposit (hereinafter “instant lease contract”), and resided therein. The lease deposit was paid by the F for a loan of 10,250,000 won from the Seocho Saemaeul Community Fund, and paid by the F for a loan of 5,120,000 won as property tax imposed on F, in lieu of payment.
Therefore, the Plaintiff is a legitimate small lessee, and the instant distribution schedule should be revised as stated in the purport of the claim.
2. In light of the following facts and circumstances acknowledged by the Plaintiff’s assertion or the purport of the entire pleadings, namely, the owner of the instant housing, who is the Plaintiff’s mother, the Plaintiff’s disposal of the existing housing, and the lease of one square column from F, which is the mother of the instant housing, and the other square column 1, which is not easy to believe that the Plaintiff leased and resided in the instant housing, the Plaintiff’s conclusion of the instant lease agreement was for the purpose of using two partitions and making profits from the instant housing.
It is more reasonable to view that the primary purpose of the plaintiff's right of indemnity against F is to obtain preferential repayment of the plaintiff's right of indemnity by being protected as a tenant with opposing power, and the requisite for opposing power and the lease contract stipulated in Article 3-2 (2) of the Housing Lease Protection Act.