배당이의
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 23, 2014, the Plaintiff leased D KRW 120,00,000 to D, and completed the registration of the establishment of a mortgage on the real estate listed in the attached Table (hereinafter “instant real estate”) owned by D (hereinafter “mortgage”), which was received on September 23, 2014 from the Changwon District Court, (i) the obligor D, the mortgagee, the Plaintiff, the maximum debt amount of KRW 156,00,000, and (ii) the registration of the establishment of a mortgage on the instant real estate (hereinafter “mortgage”).
B. D around October 24, 2014, sold the instant real estate to C in KRW 195,000,000. On April 15, 2015, the Defendant completed the move-in report on April 9, 2015, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 450,000, and the lease period of the instant real estate as of April 15, 2017 (hereinafter “instant lease contract”).
C. Based on the instant right to collateral security, the Plaintiff filed an application for a voluntary auction of the instant real estate on the instant real estate with the court B, and this court rendered a voluntary decision to commence the auction on May 14, 2015.
(hereinafter referred to as “instant auction procedure”). D.
In the instant auction procedure, the Defendant filed a report on the right to claim the return of deposit and a demand for distribution under the instant lease agreement. On March 10, 2016, the ordinary court prepared a distribution schedule with the content that distributes KRW 15,00,000 to the Defendant, who is a lessee of small claims, the date of distribution, and KRW 110,283,559 to the Plaintiff, who is a mortgagee, the right to collateral security (hereinafter “instant distribution schedule”).
E. The Plaintiff appeared on the date of the above distribution and raised an objection to the full amount of the Defendant’s dividend.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. In the meantime, the instant lease agreement is deemed null and void, or it is concluded with the intent to gain unjust benefits by abusing the Housing Lease Protection Act, and is protected by the Housing Lease Protection Act.