배당이의
1. The above court was prepared on January 29, 2019 with respect to a compulsory auction case of real estate D with Busan District Court Dong Branch.
1. Facts of recognition;
A. As of August 7, 2016, Defendant B and E Co., Ltd. (hereinafter “E”), the term “Defendant B entered into a lease agreement with the content of the lease agreement with the term of KRW 45,000,000, and August 6, 2016, among the four-story apartment houses of the F building in Busan-gun, Busan (hereinafter “F building”) owned by Defendant B, for the term of KRW 45,00,000, and the term of lease from August 7, 2016 to August 6, 2018.
Defendant B completed the move-in report as F building G on February 15, 2017.
B. As of August 7, 2016 between Defendant C and E, “Defendant C entered into a lease agreement with the content of a lease agreement with the term of KRW 45,00,000, and the term of lease from August 7, 2016 to August 6, 2018.”
Defendant C has already completed the move-in report with F building H on July 28, 2016.
C. On September 8, 2017, the Plaintiff filed an application for compulsory auction of 157,379,177 won with respect to F building debt 12, including the above H and G, based on the notarial deed for debt repayment contract No. 315 of 2016, the Plaintiff filed an application for compulsory auction on September 13, 2017 with the Busan District Court Branch D, and the said court rendered a decision to commence compulsory auction on September 13, 2017.
After that, on January 29, 2019, Busan District Court: (a) distributed KRW 17,000,000 each in the second order to the Defendants, who reported the rights as a small lessee on the date of distribution of the above auction procedure, and distributed KRW 125,943,593 to the Plaintiff who is the applicant creditor.
E. The Plaintiff appeared on the date of distribution and raised an objection to the dividend amount against the Defendants.
【Reasons for Recognition】 Evidence Nos. 1 through 4 (including additional number), Evidence No. 11 (i.e., Evidence Nos. 11)
2. The assertion and judgment
A. The Plaintiff 1’s assertion by the parties concerned is the most lessee who made a demand for distribution with only the form of lessee in order to receive the security deposit for lease. As such, each dividend distributed to the Defendants among the above distribution schedule is 17,000.