배당이의
1. It was drawn up by the above court on October 30, 2013 with respect to the auction of real estate B in Gyeyang-gu District Court Goyang-dong District Court.
1. The facts of recognition: To be deemed both a principal lawsuit and a counterclaim;
A. 1) Defendant (Counterclaim Plaintiff, hereinafter “Defendant”), including the preparation of a distribution schedule, etc.
) The real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Nonparty C (hereinafter “instant apartment”).
(2) As to the establishment registration of a mortgage (hereinafter “mortgage of this case”) consisting of the establishment of a mortgage (hereinafter “mortgage of this case”) consisting of 406,90,000 (hereinafter “the maximum debt amount”) and 406,90,000 (hereinafter “mortgage of this case”) on November 28, 201, which was received on November 28, 201 from the Jungyang Branch of the District Court of the Republic of Korea.
(2) The Defendant filed an application for voluntary auction on the instant apartment based on the instant collateral security, and on October 30, 2013, there was a voluntary decision to commence auction on October 30, 2013 (hereinafter “instant auction procedure”).
3) In the instant auction procedure, Goyang Branch of the District Court: (a) distributed KRW 330,41,881 in the order of KRW 330,882,941, which was actually distributed on July 25, 2014, KRW 441,060 to the Defendant, a creditor under the instant collective security (hereinafter “instant distribution schedule”); (b) in the second order, KRW 330,41,881 in the order of priority among KRW 330,82,941, which was actually distributed on July 25, 2014, to the Defendant, who was the creditor under the instant collective security (hereinafter “instant distribution schedule”); and (c) the Plaintiff, who claimed that the instant apartment was a
4) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 22,00,000 among the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on July 31, 2014.
B. (1) On May 2, 2013, the Plaintiff entered into a lease agreement, etc. (hereinafter “instant lease agreement”) with the broker of Nonparty D, a licensed real estate agent having an office in Seongdong-gu Seoul, with the content that the lease deposit for Nonparty C and the instant apartment is KRW 24,00,000, and the lease term is from May 11, 2013 to May 10, 2015 (hereinafter “instant lease agreement”).
AB concluded the agreement.
On the other hand, Articles 3 and 5 should be null and void at the time of concluding the instant lease agreement.