배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The Plaintiff, a non-party C’s owner, set up a distribution schedule, etc.
(2) On April 25, 201, 201, No. 55941, which was received on April 25, 2011, concluded a contract as of April 25, 201 as the grounds for registration, and the establishment of a neighboring mortgage, the maximum debt amount of which is KRW 70,000,000 (hereinafter “mortgage of this case”).
(2) On May 16, 2013, the Plaintiff filed an application for voluntary auction of the instant real estate based on the instant collateral security, and on May 16, 2013, there was an auction procedure following the said voluntary decision to commence auction (hereinafter “instant auction procedure”).
3) Of KRW 53,94,012, which is to be actually distributed on January 27, 2014, in the instant auction procedure, KRW 22,00,000, which is equivalent to the security deposit for small amount for which the right of priority reimbursement is recognized under the Housing Lease Protection Act, shall be claimed as a lessee regarding the instant real estate in the first order, and the Defendant who filed an application for a demand for distribution shall be apportioned the amount of KRW 31,94,012, which is to be distributed to the Plaintiff, the creditor of the instant collective 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 February 3, 2014.
B. 1) On March 17, 2005, the Defendant concluded a lease contract with Nonparty C and the instant real estate as a broker of a licensed real estate agent (hereinafter “instant lease contract”) with a deposit of KRW 22,00,000 on a deposit basis (hereinafter “instant lease contract”).
A. The lease contract prepared at the time of the conclusion of the instant lease contract is not separately provided for the term of lease, and the remaining payment date under the instant lease contract is written on April 17, 2005.