배당이의의소
1. All of the plaintiffs' primary claims are dismissed.
2. The real estate indicated in the separate sheet between the defendant and B.
1. Basic facts
A. On July 18, 2014, the Defendant entered into a lease agreement between B and B on the condition that the instant real estate was leased by setting the lease deposit amount of KRW 25,000,000, and from July 31, 2014 to July 30, 2016 (hereinafter “instant lease agreement”). The Defendant paid the said lease deposit to B, and obtained a fixed date on July 31, 2014, following the payment of the said lease deposit to B.
B. On November 13, 2014, upon the application of the Plaintiff Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Plaintiff Samsung Fire and Marine Insurance”), the mortgagee, commenced the discretionary auction procedure regarding the instant real estate to this court C. On April 7, 2011, the Plaintiff Ep Savings Bank (hereinafter “Plaintiff Ep Savings Bank”) completed the right to collateral security of KRW 65,00,000 with respect to the instant real estate lower than the right to collateral security of the Plaintiff Samsung Fire and Marine Insurance, prior to the commencement of the said voluntary auction procedure.
C. On June 26, 2015, the instant court distributed KRW 14,000,000 to the Defendant as a small lessee on the date of distribution opened on June 26, 2015, and distributed KRW 290,79,623 to the Plaintiff Samsung Fire and Marine Insurance as an applicant-holder and senior mortgagee.
(hereinafter “instant distribution procedure”). D.
On the other hand, Plaintiff Samsung Fire and Marine Insurance stated their respective objections to the amount of KRW 2,245,824 out of the amount distributed to the Defendant. Plaintiff Samsung Fire and Marine Insurance stated their respective objections to the amount of KRW 11,754,176 out of the amount distributed to the Defendant, and Plaintiff Samsung Fire & Marine Insurance filed a lawsuit of demurrer to the distribution with each of the instant courts on July 2, 2015.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, and 10 evidence (including the number of pages), and the purport of the whole pleadings.