배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff is the mortgagee of the right to collateral security regarding the plot of land and its ground (hereinafter "the building in this case"). The plaintiff filed an application for the auction of real estate in this court C. The auction court opened a date of distribution on October 29, 2015 and distributes the amount of KRW 443,323,853 to the defendant, who is the right to collateral security, in the first priority order, and distributes the amount of KRW 14,00,000 to the defendant, who is the right to collateral security, in the first priority order, and distributes the amount of KRW 41,632,919 to the debtor, the creditor, and the amount of KRW 317,228,545 to the plaintiff, who is the right to collateral security, while the plaintiff stated that there was an objection against the whole amount of dividends of the defendant on the above date of distribution, and the auction court suspended distribution of the portion to which an objection was not raised, and there is no dispute between the parties to the distribution schedule pursuant to the distribution schedule.
2. The plaintiff first asserts that the building of this case is not a residential building under the Housing Lease Protection Act, since there is no space for people to live as a consigned manufacturing factory and there is no space for living. Thus, the building of this case cannot be a residential building under the Housing Lease Protection Act, and even if it is a residential building, the defendant is the most lessee.
Comprehensively taking account of the descriptions and images of Gap's 2, 5, and Eul's evidence Nos. 1 through 3 (including household numbers), and the overall purport of testimony and pleadings of Eul's witness E, the building of this case is composed of Class II neighborhood living facilities (trustee manufacturing business), 190.08 square meters on the prefabricated-type group, prefabricated-type 190.08 square meters on the prefabricated-type roof, and is composed of 74 square meters on the attached building, and 1 square meters on a toilet-type. The defendant resided in Gwangju-gu, Seoul, a neighboring area of the building of this case, and resided in F on May 10, 2009, and was the owner of the 80 square meters of the residential part of the building of this case on May 10, 2009 (hereinafter "the leased part of this case"), the lease deposit money,000,000 won, and 36 months from the delivery date.