배당이의
1. The plaintiff's main claim is dismissed.
2. As to the real estate listed in the separate sheet between the Defendant and B, August 2014.
1. Basic facts
A. On August 13, 2014, the Defendant concluded a lease agreement between B and B on the condition that the instant real estate was leased by setting the deposit amount of KRW 20,000,000 (no rent), from August 22, 2014 to August 21, 2016 (hereinafter “instant lease agreement”), and paid the said deposit to B, and completed a move-in report as of August 22, 2014, following the payment of the said deposit to B.
B. Meanwhile, on the other hand, on March 8, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 110,50,000 as to the instant real estate, and with the debtor as B, upon delinquency in the payment of the loan, filed an application for voluntary auction on September 11, 2014 (this court C), and this court accepted the said application on September 12, 2014, and issued a decision to commence the voluntary auction procedure.
C. The Plaintiff reported the amount of claim KRW 97,278,424 (including interest) to the Defendant on the date of distribution open on June 26, 2015, the court distributed KRW 20,000 to the Defendant as a small lessee on the date of distribution open on June 26, 2015, and KRW 51,122,593 to the Plaintiff as the applicant creditor and the mortgagee, respectively.
(hereinafter “instant distribution procedure”). D.
On July 3, 2015, the Plaintiff stated an objection against the total amount of the above dividend to the Defendant, and filed the instant lawsuit in this Court.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 2 (including Serial number), the purport of the whole pleadings
2. Judgment on the main claim
A. The main purport of the main claim is that the plaintiff, in the complaint, states his claim that the defendant is not subject to protection under the Housing Lease Protection Act (see, e.g., Supreme Court Decision 2007Da1448, Feb. 19, 2016). However, the defendant's assertion that the defendant is the most lessee (see, e.g., Supreme Court Decision 2007Da1