배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) Non-party Seocho Agricultural Cooperatives (hereinafter “Non-party Agricultural Cooperatives”)
(C) Nonparty C’s apartment Nos. 501, 303 (hereinafter “instant apartment”).
2) As to the registration of establishment of a neighboring mortgage (hereinafter “mortgage of this case”) that was completed with Nonparty C by the debtor as the maximum debt amount, No. 58147, Apr. 28, 201, which was received on April 28, 2011.
) Based on the foregoing, an application for voluntary auction on the instant apartment was filed, and on March 14, 2013, the auction procedure following the said voluntary decision to commence the auction procedure is “instant auction procedure.”
2) On June 19, 2013, the Defendant completed the supplementary registration to which the instant right to collateral security was transferred from a non-party partnership on July 23, 2013, under the receipt of No. 109485 on July 23, 2013, based on the transfer of confirmed claim as the grounds for registration after the instant auction procedure commenced.
3) In the instant auction procedure, Goyang Branch of the District Court: (a) distributed KRW 215,344,270, which was actually distributed on October 23, 2013, to the Defendant, a creditor under the instant collective security right; (b) asserted that the Plaintiff was a lessee regarding the instant apartment; and (c) claimed that he/she was a demand for distribution, the distribution schedule stating that the Plaintiff would be excluded from the distribution of dividends (hereinafter “instant distribution schedule”).
4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 22,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on October 28, 2013.
B. 1) On December 6, 2012, the Plaintiff and Nonparty C entered into a lease agreement with Nonparty F, the representative of the E Licensed Real Estate Agent Office in Ansan-si, regarding the instant apartment on December 6, 2012, the lease deposit amount of KRW 30,00,000, and the lease term of KRW 30,000, and the lease term of the instant apartment is from December 24, 2012 to December 23, 2014 (hereinafter “the instant lease agreement”).