배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the Parties:
On February 18, 2016, concerning C Apartment No. 206, 906 (hereinafter “instant housing”), the auction of real estate was commenced with the Chuncheon District Court B upon the application of the Nando Mutual Savings Bank Co., Ltd., the mortgagee of the right to collateral security (hereinafter “instant housing”).
B. After concluding a lease contract on October 21, 2013 at an auction court, the Defendant completed the move-in report on October 24, 2013, and completed the move-in report on October 24, 2013, and demanded a distribution of KRW 95,00,00 as a lessee with a fixed date under the premise that the fixed date was received.
C. As to the amount to be actually distributed on November 22, 2016, the auction court distributed KRW 320,932,722 to the Plaintiff of a mutual savings bank, which was in the first order of priority, KRW 95,00,000 to the Defendant in the first order of priority, and KRW 113,850,00 to the Savings Bank instead of a mortgagee (real estate list 1), and KRW 21,874,238,238, and second order to the Plaintiff of a transferee of a mutual savings bank, which was in the first order of priority of KRW 63,678,715, and KRW 26,529,769 to the Savings Bank instead of a pledgee (real estate list 2) of a mortgage pledgee (real estate list 2).
On November 29, 2016, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit.
2. Determination
A. The plaintiff 1) The plaintiff asserted that, at the time of completing the registration of creation of a neighboring mortgage on the housing of this case owned by Nando Mutual Savings Bank, the defendant prepared a certificate of free residence for the housing of this case at the time when Nando Mutual Savings Bank Co., Ltd. completed the registration of creation of a neighboring mortgage on the housing of this case owned by F, and the requisite for setting up against the delivery of housing and resident registration shall continue to exist until the completion date of the demand for distribution. Since the defendant left Korea and did not transfer possession to his family, the possession was not continued until the completion date of the demand for distribution, the defendant recognized the defendant as the lessee of the fixed date and distributed the amount of KRW 95,00