배당이의
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
1. In the auction procedure written in the main claim concerning E Apartment 301, Dong 109 (hereinafter “instant apartment”), which prepared the instant distribution schedule, the Plaintiff filed a report on the right and demand for distribution with the court of execution by asserting that it is a small lessee under Article 8 of the Housing Lease Protection Act against the instant apartment.
On September 26, 2013, a court of execution prepared and presented a distribution schedule of KRW 157,553,753 to the Defendant, who is the applicant creditor and the mortgagee, as well as KRW 157,53,753, and to distribute KRW 0 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiff stated an objection against KRW 22,00,000 among the dividends to the Defendant.
[Ground of recognition] Facts without dispute, Gap 4 evidence (including a provisional number; hereinafter the same shall apply), Eul 3, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. On October 2, 2012, the Plaintiff asserted that the Plaintiff is a small lessee of the instant apartment, and that it should revise the instant distribution schedule, as the Plaintiff concluded a lease agreement with C, the owner of the instant apartment, and completed a move-in report and resided therein.
The defendant asserts that the plaintiff is the most lessee who entered into a lease contract for the purpose of receiving a dividend in the auction procedure of this case.
B. 1) Therefore, it is insufficient to recognize that the Defendant actually paid the lease deposit of KRW 25,00,000 to C and the testimony of the witness F is a small lessee residing in the instant housing solely on the basis of each of the descriptions of Dop and A1 through 10 and the testimony of the witness F. 2) Meanwhile, in full view of the entries of Gap 2 through 5, Eul 1 through 4, and the fact inquiry results in the fact inquiry with respect to the Dopcheon-Ma branch, and witness F’s testimony, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the apartment of this case with KRW 25,00,000 on October 2, 2012, with the lease deposit of KRW 25,000 on the instant apartment of this case as well as KRW 400,000 on the monthly rent of KRW 40,000 on the first one-year basis.