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 October 5, 2010, the Plaintiff: (a) was a creditor who created a right to collateral security of KRW 96.6 million with respect to the third floor of Dobong-gu Seoul Metropolitan Government Category D (hereinafter “instant real estate”); (b) filed an application for a voluntary auction of real estate with this court; and (c) was decided to commence the auction on May 8, 2013.
B. On July 24, 2014, the auction court prepared a distribution schedule with regard to KRW 75,813,826 on the premise that the Defendant is a lessee of the instant real estate; KRW 25 million on the premise that the Defendant is a lessee of the instant real estate; KRW 67,410 on the Dobong-gu Seoul Metropolitan Government; and KRW 50,746,416 on the Plaintiff.
C. Accordingly, the Plaintiff raised an objection against the Defendant’s dividend on the date of distribution, and filed the instant lawsuit on July 31, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The allegation by the plaintiff constitutes a case where the main purpose is to collect the claim prior to the senior security holder by being protected as the most lessee or the small lessee, and thus, it cannot be protected as the small lessee.
Even if the Defendant is a genuine tenant, the instant lease agreement constitutes a fraudulent act.
Therefore, it is unreasonable to distribute the amount of the small amount lease deposit to the defendant.
B. The Defendant, on October 25, 2010, leased a house located in Dobong-gu Seoul Metropolitan Government to KRW 25 million, but agreed to lease the instant real estate by setting the lease deposit amount of KRW 30 million between C and C’s agent G under the brokerage of F, a certified broker, and the term of lease from February 3, 2012 to February 2, 2014.
On the other hand, the defendant was notified of the actual secured debt amount of the plaintiff's right to collateral security as 69 million won, and paid 3 million won to G as the down payment out of the lease deposit.
(2) The Defendant is prohibited from January 26, 2012 from G as the remainder of lease deposit.