배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff completed the registration of the establishment of a neighboring mortgage on March 17, 2009 with respect to subparagraph 1 of Article 3 of the Nam-gu Incheon Metropolitan City D (hereinafter “instant housing”) owned by C, the maximum debt amount of KRW 55,900,00,00, and the debtor C and the Plaintiff as the mortgagee, and completed the registration of the establishment of a neighboring mortgage on December 16, 2009.
B. On August 26, 2014, the Defendant concluded a lease agreement with C to lease the instant house by setting the lease deposit amount of KRW 20,000,000 (contract deposit of KRW 2,000,000, the remainder of KRW 18,000,000) from September 3, 2014 to September 3, 2016.
On September 4, 2014, the Defendant moved into the instant house and completed a resident registration transfer report and obtained a fixed date in the lease contract.
C. The remainder of the lease deposit under the instant lease agreement shall be paid KRW 18,000,000 on September 3, 2014, on condition that the said special agreement provides for adjustment under mutual agreement.
On August 27, 2014, the Defendant remitted to C the sum of KRW 19,500,000 (= KRW 12,000,000,000) as lease deposit, and the remainder of KRW 12,500,00 on September 3, 2014, including the remainder of KRW 5,500,000 (= KRW 2,000,000, KRW 5,500,000) as lease deposit, and the remainder of KRW 50,000 (= KRW 20,000,000 - KRW 19,50,000,000) was paid directly by the Defendant in lieu of such payment.
1) Upon the Plaintiff’s application, on May 2, 2016, the procedure for the auction of real estate related to the instant housing to the Incheon District Court B (hereinafter “instant auction procedure”).
(2) In the instant auction procedure on June 21, 2016, the Defendant reported the right as a housing lessee and made a demand for distribution.
3) On June 15, 2017, the executing court distributed 20,000,000 won to the Defendant on the date of distribution on the ground that the Defendant is the first-class tenant of small amount, and made a distribution schedule that distributes KRW 43,412,075 to the Plaintiff on the ground that the Plaintiff is the third-class applicant creditor (the mortgagee).