배당이의
1. The plaintiff's main claim is dismissed.
2. As to the real estate stated in the separate sheet between the defendant and the non-party B.
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of manufacturing and selling computers and peripheral devices.
B. In order to secure the payment of goods by supplying computers and peripheral devices to E, the Plaintiff entered into a mortgage agreement on September 29, 2010 with respect to G Apartment 206, 2504, (hereinafter “instant apartment”) on a parcel of land, G apartment 206, 2504 (hereinafter “instant apartment”). On the same day, the Plaintiff entered into a mortgage agreement on September 29, 201 with the maximum debt amount of KRW 300 million, and completed the mortgage agreement on November 25, 201, which is KRW 200 million with the maximum debt amount of KRW 20 million, and completed the registration of the establishment of a mortgage on the same day.
(hereinafter collectively, each of the above collateral security rights was completed.
C. On October 20, 2014, B entered into a lease agreement with the Defendant on the condition that the instant apartment is leased to KRW 25 million, and KRW 3 million,000,000 (hereinafter “instant lease agreement”) and agreed to pay in lump sum ten (10) months, on the outstanding payment date.
The Defendant paid the down payment of KRW 3 million to B on the date of the instant lease agreement, completed a move-in report and received a fixed date in the instant lease agreement, and paid the remainder 22 million won on November 4, 2014, which is the remainder payment date, and KRW 3 million in the rent for ten months.
Meanwhile, the Plaintiff applied for a voluntary auction of real estate regarding the instant apartment based on the instant collective security, and received a voluntary decision to commence auction on January 13, 2015, Seoul Southern District Court C and D on January 30, 2015.
(hereinafter “instant auction”)
E. In the instant auction procedure, the auction court distributes the amount to be actually distributed on the date of open distribution on October 8, 2015 to the Defendant as a small amount lease deposit in the first order of KRW 2,60,000 among KRW 421,330,138, and KRW 2,000,000,000 to the Defendant.