배당이의등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 8:
On October 29, 2010, the establishment registration of the second floor No. 201 (hereinafter “instant building”) owned by C was completed on October 29, 2010, the maximum debt amount of KRW 130,000,000, and the debtor C and the plaintiff of the right to collateral security (hereinafter “the instant building”).
B. The plaintiff is the above A.
On the basis of the right to collateral security, the Incheon District Court filed an application for a voluntary auction of B real estate on the instant building based on the right to collateral security and rendered a voluntary decision to commence auction on August 14, 2013 by the above court.
C. On October 28, 2013, when the above auction procedure was in progress, the Defendant asserted that, on April 18, 2013, the lease contract with C was concluded between the lease deposit amount of KRW 21,00,000,000 with respect to the instant building, and from April 30, 2013 to April 30, 2015, the Defendant filed an application for a report on rights and a demand for distribution with the auction court.
On April 8, 2014, the auction court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 86,459,936 to the Plaintiff, who is the mortgagee of small amount, KRW 19,00,000, KRW 134,600, and KRW 67,325,336 to the Plaintiff, the mortgagee of small amount, who is the applicant creditor and the mortgagee, in the second order.
E. The Plaintiff appeared on the date of the foregoing distribution, and stated an objection to the full amount of the Defendant’s distribution, and filed the instant lawsuit on April 15, 2014, which was seven days thereafter.
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is selectively selected, as the Defendant is the most lessee, the amount of dividend against the Defendant should be deleted, or the conclusion of a lease agreement on the instant building is a fraudulent act between C and C with a debt excess. Therefore, the amount of dividend against the Defendant should be revoked and the amount of dividend should be deleted.
B. The summary of the Defendant’s assertion is that a lease contract is concluded with C, the owner of the instant building at the time.