배당이의
1. It was drawn up by the above court on September 4, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.
1. Facts of recognition;
A. 1) The Plaintiff, who is the non-party C’s owner, is the head of Pakistan-si D Apartment No. 106, 1002 (hereinafter “instant apartment”).
(2) As to the establishment registration of a neighboring mortgage (hereinafter “mortgage of this case”) with a maximum debt amount of KRW 342,00,000,000 on July 27, 2010, which is the date of establishment of a mortgage (hereinafter “mortgage of this case”) as the date of establishment of a mortgage (hereinafter “mortgage of this case”).
(2) On January 10, 2014, the Plaintiff filed an application for voluntary auction of the instant apartment based on the instant mortgage, and on January 10, 2014, there was a voluntary decision to commence the auction procedure following the said voluntary decision to commence the auction (hereinafter “instant auction procedure”).
3) During the instant auction procedure, Goyang Branch of the District Court: (a) claimed that KRW 14,00,000,000 equivalent to the security deposit for small amount for which the right of priority reimbursement is recognized under the Housing Lease Protection Act, among the instant apartment units, is a lessee with respect to one column among the instant apartment units; and (b) distributed to the Defendant who claimed a demand for distribution; and (c) in the second order, KRW 243,281,931, which is to be distributed to the Plaintiff, the creditor under the instant right of collateral security (hereinafter referred to as the “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on September 11, 2014.
B. 1) A lease agreement between the Defendant and Nonparty C with respect to one room among the instant apartment units (hereinafter “instant lease agreement”) is concluded between the Defendant and Nonparty C with the terms that the lease deposit amount is KRW 25,000,000, and the lease term is from December 7, 2013 to December 6, 2015 (hereinafter “instant lease agreement”).
(2) On December 30, 2013, the Defendant completed the move-in report with one child on the instant apartment, and obtained a fixed date in the lease contract on the same day.
3 The defendant shall be the defendant on January 2014.