배당이의
1. It was drawn up by the above court on June 30, 2014 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-do.
1. Facts of recognition;
A. 1) The Plaintiff, a non-party C’s ownership, is the Plaintiff’s heading 810 Dong-dong-gu, Yongsan-gu (hereinafter “instant apartment”).
(2) On June 7, 2006, each contract to establish a contract is based on the grounds for registration, and the debtor is the plaintiff. The debtor is the non-party E and the mortgagee as the plaintiff. (1) The registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 312,00,000,000,000, which was received on June 7, 2006 from the High Government District Court, as the High Government District Court Decision No. 58435, Jun. 7, 2006; and (2) The High Government District Court High Court High Court High Court High Court High Court High Court High Court 58436, Jun. 7, 2006, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 117,00,000, respectively (hereinafter referred to as "each of the instant
(2) The Plaintiff filed an application for voluntary auction on the instant apartment based on each of the instant collective security rights, and on December 5, 2013, the Plaintiff voluntarily decided to commence the auction procedure following the said voluntary decision to commence the auction (hereinafter “instant auction procedure”).
3) In the instant auction procedure, Goyang Branch of the District Court claimed that KRW 16,00,00,000 among the amount of KRW 247,981,374 actually distributed to the Defendant, who claimed that the apartment of this case was a lessee with respect to Section 2, and distributed the amount of KRW 231,981,374 among the apartment of this case, and distributed it to the Defendant, who received a demand for distribution, as the second priority, to distribute it to the Plaintiff, who is a creditor under each of the instant collective security rights (hereinafter “instant distribution schedule”).
(4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the entire amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on July 4, 2014.
B. 1) On July 3, 2013, between the Defendant and Nonparty C, a lease contract between the Defendant and Nonparty C for the lease deposit for the two partitions among the instant apartment buildings: KRW 20,000,000; KRW 300,000 for monthly rent; and the lease period from July 30, 2013 to July 29, 2015 (hereinafter “the lease contract”).