배당이의
1. The action against the Defendant C Association of the Appointed Co., Ltd. shall be dismissed;
2. The remainder of the Plaintiff (Appointed Party).
Basic Facts
Defendant C and F loaned KRW 146 million to F on May 26, 201. On May 25, 2011, in order to secure the above loan claims (hereinafter “instant loan claims”), Defendant C and F completed the registration of establishment of a neighboring mortgage with regard to real estate listed in the [Attachment] List owned by F (hereinafter “instant housing”) as “the maximum amount of the bond,” and the debtor F and Defendant C.
Since then, F paid interest to Defendant C, F repaid KRW 70 million out of the loan principal on September 30, 201.
On September 19, 201, Defendant B entered into a lease agreement between Defendant B and F with F on the instant housing (hereinafter “instant lease agreement”) with the terms of KRW 130 million and the term of lease from September 30, 201 to September 29, 2013 (24 months).
Defendant B paid the above lease deposit to F, and resided in F with the delivery of the instant house from F on September 30, 201. On November 14, 2011, Defendant B notified the Defendant of the termination of the instant lease on the ground that the instant house was in drinking water, damp and fungsing, and notified the Defendant of the termination of the instant lease on November 14, 201, and applied for provisional attachment of the instant house with regard to the claim for the refund of the lease deposit as the claim for the refund of the lease deposit. On June 13, 2012, the said application was accepted, and the provisional attachment registration was completed regarding the said house.
On June 25, 2012, Defendant B moved from the instant house to another place.
After the commencement of compulsory auction procedure and the order of lease registration, Defendant B made a decision to commence compulsory auction on April 29, 2014 on the instant housing after the commencement of compulsory auction procedure and the order of lease registration (this court E; hereinafter “instant auction”) and the registration of the decision to commence compulsory auction was completed on the same day.
Defendant B did not refund the instant lease deposit, and applied for the order of lease registration as to the instant housing by the F, and issued the order of lease registration on July 17, 2014 by this Court No. 2014Kag1344.