배당이의의소
1. The plaintiff's main claim is dismissed.
2. As to the real estate listed in the separate sheet between the Defendant and B, October 2013.
1. Basic facts
A. On October 25, 2013, between B and B, the Defendant entered into a lease agreement with the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), whereby the instant real estate was leased by setting the deposit amount of KRW 20 million,000,000, monthly rent of KRW 500,000, and the period from November 22, 2013 to November 21, 2015 (hereinafter “instant lease agreement”), and the said deposit was paid to B on November 22, 2013, and completed a move-in report with the location of the instant real estate on the same day thereafter.
B. Meanwhile, on the other hand, on December 20, 201, the Plaintiff was a financial institution that completed the registration of creation of a neighboring mortgage with the debtor as B with respect to the instant real estate on December 20, 2011. On April 6, 2015, the Plaintiff applied for voluntary auction on the instant real estate (this court C), and this court accepted the said application on April 7, 2015, and decided to commence the voluntary auction procedure.
C. In the above auction procedure, the Plaintiff reported the amount of KRW 152,868,906 (including interest) as the amount of the claim. On the date of open distribution on December 30, 2015, this court prepared a distribution schedule against the Defendant as a small lessee of KRW 18,06,70 in the order of priority 1,06,70 in the order of priority, and as the applicant creditor and the right to collateral security, the Plaintiff was entitled to distribute each amount of KRW 95,076,494 in the order of priority.
On January 6, 2016, the Plaintiff stated an objection against the total amount of the above dividend to the Defendant, and filed the instant lawsuit with the court.
【Ground of recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1, 2, 5, 6, 8, and 9 (including serial numbers), the purport of the whole pleadings
2. Judgment on the main claim
A. The “a summary of the Plaintiff’s assertion” described below the gist of the primary claim is as follows: (a) the Plaintiff organized the Plaintiff’s assertion by comprehensively taking account of the various indirect facts individually incurred following the process of pleading
(In particular, the plaintiff's complaint and the purport of the claim as of June 14, 2016 and each of the claims are stated). The plaintiff is primarily the defendant's objection.