배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 24, 2012, the Plaintiff lent KRW 120 million to C, and completed the registration of the Incheon District Court as to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) and the registration of the establishment of a mortgage over the debtor C, a mortgagee, and a maximum debt amount of KRW 156,000,000 (hereinafter “the registration of establishment of a mortgage over the instant case”) with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) in order to secure the loan claims on the same day.
B. On June 30, 2014, the Defendant concluded a lease agreement between C and C with the lessor, the Defendant, the lessee, the lease deposit amount of KRW 26 million, and the lease period from July 10, 2014 to July 9, 2016 (hereinafter “instant lease agreement”).
C. The Defendant paid C KRW 2,00,000 on June 30, 2014, which is the date of the contract, KRW 20,000,00 on July 11, 2014, and KRW 4,000 on July 14, 2014, and paid KRW 26,000,000 on the instant lease deposit. The Defendant obtained a fixed date of the instant lease contract on July 10, 2014, and completed the move-in report on the instant real estate on September 19, 2014.
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 auction on September 25, 2014.
(hereinafter referred to as “instant auction procedure”). (e) The auction procedure
On June 29, 2015, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes KRW 22,00,00 in the first order to the defendant who demanded a distribution as a small lessee on the date of distribution of the instant auction procedure, and KRW 472,760 in the Incheon Southern-gu, the delivery authority (relevant tax), and KRW 96,582,593 in the second order to the plaintiff, the mortgagee, and KRW 96,582,593 in the third order.
F. The plaintiff raised an objection to the whole amount of dividends to the defendant on the date of the above distribution, and one week thereafter.