배당이의
1. Of the distribution schedule prepared by the said court on February 4, 2014 in the case of real estate auction B in Daegu District Court Port Branch B.
1. Basic facts
A. On July 23, 2013, the procedure for the auction of real estate B (hereinafter “instant auction procedure”) was initiated on July 23, 2013 with respect to the Nam-gu Seoul District Court No. D, 1, Dong 402 (hereinafter “D apartment 1”) (hereinafter “instant apartment”). On February 4, 2014, the Plaintiff filed a demand for distribution with the said court as the applicant creditor and the mortgagee. On February 4, 2014, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who demanded distribution as a small lessee of small amount of money, distributed KRW 14,00,00 to the Plaintiff the amount of KRW 7,113,684 (hereinafter “instant distribution schedule”).
B. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection to the total amount of the Defendant’s dividends, and filed the instant lawsuit on February 10, 2014.
[Ground of recognition] Facts without dispute, Gap 5, 7 evidence, Eul 4 and 5 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the defendant had possession of 402 apartment of this case does not constitute a tenant with a preferential right to payment.
Therefore, the instant dividend table should be revised to delete the dividend amount to the Defendant and distribute it to the Plaintiff.
B. The Defendant’s assertion, E, and C agreed to convert the claim against E into the Defendant’s claim for the refund of the lease deposit against the Defendant’s C by means of the repayment of the loan of KRW 20 million against the Defendant.
According to the above agreement, the Defendant leased the instant apartment Nos. 402 from C on September 7, 2012 by setting the lease deposit amount of KRW 20 million, from September 7, 2012 to September 6, 2014. The Defendant completed the resident registration transfer report on August 29, 2012 and actually resided in the instant apartment No. 402.
3. The witness G’s testimony is believed in light of the following circumstances, which can be seen by the evidence Nos. 3, 4, 6, and 7, the witness F’s testimony, the fact-finding reply to the Korea Electric Power Corporation branch offices, and the entire purport of the pleading.