배당이의
1. The plaintiff's main claim is dismissed.
2. As to the real estate stated in the separate sheet between the Defendant and B, March 2014.
1. Basic facts
A. On March 24, 2014, between B and B, the Defendant entered into a lease agreement with the effect that the instant real estate was leased between KRW 25,000,000, and the term of lease from April 11, 2014 to April 11, 2016 (hereinafter “instant lease agreement”), and the Defendant paid the said lease deposit to B, and obtained a fixed date on April 11, 2014.
B. On June 17, 2014, upon the request of the Plaintiff, who is a mortgagee, the right to collateral security, the auction procedure for the instant real estate was initiated to C at this court. The Plaintiff reported the amount of claims to KRW 146,394,590. On the date of open distribution on June 29, 2015, the court distributed KRW 20,000 to the Defendant as a lessee of small amount, and KRW 122,629,397 to the Plaintiff as the applicant creditor and the right to collateral security, respectively.
(hereinafter referred to as “instant distribution procedure”). C.
On July 2, 2015, the Plaintiff stated an objection against the total amount of the above dividend to the Defendant, and filed the instant lawsuit in this Court.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 13, and the purport of whole pleading
2. Judgment on the main claim
A. The main purport of the main claim is that the plaintiff primarily entered into the lease contract of this case with B, but the defendant did not have any actual lease relationship with B, or that the sum of collateral security and seizure, which was completed with respect to the real estate of this case, was exceeded the market price of the real estate of this case at the time when the defendant entered into the lease contract of this case with B, and that the defendant entered into the lease contract of this case with the lease deposit which was significantly less than the market price of the real estate of this case, and that the office of licensed real estate agent D, who arranged the lease contract of this case, is located in Gyeyang-gu Incheon, Incheon, and is 8.8