배당이의
1. Of the distribution schedule prepared by the lower court on March 22, 2019 with respect to the auction case of Gwangju District Court C real estate, the defendant is the defendant.
1. Basic facts
A. D Co., Ltd. (hereinafter “D bank”) completed the registration of creation of each class of the real estate indicated in the separate sheet owned by E (hereinafter “the instant apartment”) with respect to the real estate (hereinafter “the instant apartment”), including the maximum debt amount of November 21, 2014, the maximum debt amount of KRW 58.8 million, the maximum debt amount of KRW 12 million on February 11, 2015, and the obligor E, respectively.
D Bank applied for a voluntary auction of real estate to Gwangju District Court C on the basis of each of the above collateral mortgages, and the above court rendered a voluntary decision to commence auction on May 17, 2018.
(2) The Plaintiff succeeded to the status of the applicant obligee by taking over each of the above collateral security claims against D banks E during the above auction procedure. The claim secured by each of the above collateral security claims up to the date of distribution is KRW 51,879,084, interest 4,513,328, and KRW 56,392,412.
B. In the above auction procedure, the Plaintiff asserted that “the instant apartment was leased from E as KRW 40,00,000 from January 25, 2015, and five years from the lease period (from January 25, 2015 to January 25, 2020, and from February 11, 2015), the Plaintiff reported the right to the lease deposit and demanded the distribution of the said lease deposit (hereinafter “the instant lease contract”).
C. On the date of distribution of the instant auction procedure implemented on March 22, 2019, the said court, among KRW 62,238,578, set up a distribution schedule with the content that distributes KRW 15 million to the Defendant, who demanded a distribution as a small lessee of the amount to be actually distributed, KRW 194,780,000,000,000,000,000,000,000,000,000, and KRW 47,043,798,000,000,000,0000,000,000,000
On the date of the above distribution, the Plaintiff raised an objection against the amount of KRW 15 million against the Defendant, and thereafter filed the instant lawsuit on March 28, 2019, which was within one week thereafter.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including paper numbers), respectively.