배당이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 25, 2010, the Plaintiff completed the registration of the establishment of a neighboring establishment in the name of the Plaintiff, whose maximum debt amount is KRW 252 million, with respect to Overcheon-si Emb loan No. 01 (hereinafter “instant real estate”).
B. On November 25, 2010, Defendant A leased and used 33 square meters in south-dong (hereinafter “leased object”) of the instant real estate as KRW 50 million from D, Defendant A transferred the leased object to D around August 201, and thereafter received a return of KRW 16,32,000 with the deposit for lease.
C. On July 19, 2013, Defendant B entered into a lease agreement with D on the leased object with a deposit of KRW 20 million, monthly rent of KRW 400,000,000. On July 25, 2013, Defendant B made a move-in report after full payment of deposit, and received a fixed date.
On October 8, 2013, Defendant A made a registration of the right to lease housing with the deposit amount of KRW 33,668,000 with respect to the leased object as of October 8, 2013. In this case, on December 5, 2013, Defendant A paid the deposit amount of KRW 33,00,000 to Defendant A by December 31, 2014.
E. On April 11, 2014, the Suwon District Court rendered an order to commence compulsory auction on the instant real estate, and the auction procedure was underway. On April 6, 2015, a distribution schedule was formulated to distribute the amount of KRW 20 million as a small lessee to Defendant A, KRW 20 million as a small lessee, KRW 20 million to Defendant B, and KRW 200,524,960 as a small lessee to the Plaintiff, and KRW 200,524,960 (Amount of claim 242,548,426) to the Plaintiff.
F. On April 6, 2015, the Plaintiff raised an objection against the dividend amount of KRW 20 million against Defendant B on the date of distribution, and filed the instant lawsuit on April 13, 2015.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 6 evidence, Eul's 1, Eul's 1, Eul's 1, 2, and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. A summary of the Plaintiff’s assertion 1 Defendant A delivered the leased object to D around August 201.