배당이의의 소
1. Of the distribution schedule prepared on May 9, 2014 by the said court with respect to the auction of the real estate B in Incheon District Court.
1. Facts of recognition;
A. On June 12, 2013, the Plaintiff entered into a lease agreement with C on June 12, 2013 with regard to the lease deposit of KRW 19,00,000 (hereinafter “instant lease agreement”).
B. Meanwhile, as to the instant real estate, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 124,800,000 against C as collateral for the claim for loans of KRW 104,00,000 against C, on September 6, 2011, and C lost the benefit of time due to delinquency in the loan obligation on September 7, 2013, the Defendant was granted a decision to voluntarily commence the auction on October 1, 2013 from the instant right to collateral security (hereinafter “instant auction procedure”), and on November 8, 2013, the Defendant applied for a report on the right and demand for distribution as a lessee.
C. Of the amount of KRW 89,158,921 to be actually distributed on May 9, 2014, the executing court distributed the pertinent tax amount of KRW 123,480 to the Incheon Western-gu Office, Incheon, and distributed the amount of KRW 89,035,441 to the Defendant of the applicant creditor (the mortgagee) in the second order, and the distribution schedule was prepared to exclude the Plaintiff from distribution. The Plaintiff raised an objection against KRW 19,00,000 out of the amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit within the filing period.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-5, Eul 3's evidence and the purport of the whole pleadings
2. The gist of the parties’ assertion asserts that the instant distribution schedule should be revised by allocating to the Plaintiff the amount of KRW 19,00,000,000, out of the total amount distributed by the Defendant, as the genuine lessee of the instant real estate, that is, the right of priority repayment of KRW 19,00,00 in the instant auction procedure in accordance with the Housing Lease Protection Act.
As to this, the defendant is the plaintiff in this case.