배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The Defendant: (a) real estate listed in the attached list, owned by Nonparty C (hereinafter “instant building”)
2) As to the establishment registration of a mortgage (hereinafter “mortgage of this case”), the establishment registration of a mortgage amounting to KRW 780,000,000, the maximum debt amount of which is KRW 780,000,000, is the grounds for the establishment of a mortgage (hereinafter “mortgage of this case”).
(2) The Defendant filed an application for voluntary auction of the instant building on the ground of the instant right to collateral security, and on August 19, 2013, voluntarily decided to commence auction on the ground of the instant decision to commence voluntary auction (hereinafter “instant auction procedure”). On August 20, 2013, the registration of voluntary decision to commence auction was completed on August 20, 2013.
3) In the instant auction procedure, Goyang branch of the District Court distributed all KRW 647,207,985 to the Defendant, the creditor of the instant collective security in the first order, which is the creditor under the instant collective security. The Plaintiff asserted that part of the instant building is the former lessee, and the Plaintiff, who demanded a distribution, made a demand for distribution, is a distribution schedule that excluded the distribution from the distribution (hereinafter referred to as the “instant distribution schedule”).
4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 20,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on August 27, 2014.
B. 1) The instant building is a gas station building, and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) is a party to a sub-lease contract.
(1) As to the instant building, a lease agreement between Nonparty C and a lease deposit is KRW 60,00,000,000 on the instant building; the term of lease is from June 17, 2013 to June 17, 2015 (hereinafter “instant lease agreement”).
(2) On April 20, 2013, the Plaintiff is an employee working at the gas station operated in the instant building, and the manager of the Nonparty Company on April 20, 2013.