배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 27, 2018, the Plaintiff entered into a lease agreement with respect to a small room at the entrance of Suwon-gu F apartment G (hereinafter “instant apartment”) with the term of KRW 20 million, KRW 300,000,000 for lease deposit, KRW 300,000 for rent, and March 29, 2020 for the term of lease (hereinafter “instant lease agreement”).
The Plaintiff, around that time, remitted KRW 20 million to E, completed the move-in report to the instant apartment on March 29, 2018, and obtained a fixed date on April 11, 2018.
B. On April 18, 2007, H limited liability company filed an application for voluntary auction on the instant apartment owned by E with the mortgagee of the right to collateral security on April 18, 2007, and accordingly, on June 27, 2018, Suwon District Court D (hereinafter “instant auction procedure”).
C. In the instant auction procedure, the Plaintiff asserted that he/she was a small lessee on July 9, 2018, and applied for a report on the right and demand for distribution as to KRW 20 million of the lease deposit.
However, on May 30, 2019, the Suwon District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the purport of distributing KRW 321,383,03,038, which is the amount to be actually distributed by the Plaintiff from the distribution of dividends, to the Suwon-si, which is the seizure authority (the pertinent tax), in the order of 983,980, 286,959,246, and 26,591,070, which is the holder of the issuance authority, in the order of 26,59,070, in the order of 26,591,070, in the order of 4th priority, each of whom is the holder of the attachment authority, to distribute KRW 5,764,589, in the Suwon-si, the Suwon-si, which is the holder of the attachment authority.
E. The Plaintiff appeared on the date of the above distribution, and raised an objection to the total amount of dividends to the Posi Tax Office, the East-gu Tax Office, the Suwon-si, the Young-si, and the Nam-gu, the holder of the right to distribute dividends, and filed the instant lawsuit within seven days thereafter.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, the whole pleadings.