임차보증금 배당에 대한 이의의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. As of April 21, 2014, the Plaintiff: (a) determined the lease deposit amount of KRW 30,000,000 as to one of the larger banks (including bathing rooms and drooms) F and 201 (hereinafter “instant housing”); (b) KRW 5 million as of April 23, 2014; (c) the remainder KRW 13 million as of April 23, 2014; and (d) was paid as of April 27, 2014; and (e) the delivery date of the leased object was written with the terms of the lease agreement (hereinafter “instant lease agreement”) stipulated as of April 27, 2014; and (e) obtained the fixed date of March 9, 2015 thereafter.
B. On November 24, 2016, E had a compulsory auction commencement on the same day upon the receipt of a ruling to commence compulsory auction on the instant housing.
(hereinafter “instant auction case”). C.
At the time of E’s request for auction, the registration of the establishment of a neighboring mortgage of a national bank as of May 16, 2012 was completed. D.
On January 19, 2017, the Plaintiff asserted that he/she is a partial lessee of the instant housing in the instant auction case, and filed a report on rights and a request for distribution.
E. On June 21, 2017, the instant house was sold for compulsory auction and the ownership transfer registration was completed to a third party on the same day.
F. In the instant auction case, on July 25, 2017, the distribution schedule was formulated as follows, setting forth the amount to be actually distributed as KRW 129,724,651.
Defendant 2 (Bankruptcy Claim, Provisional Attachment Claim, New Card Co., Ltd.), 6,928,072 won 6,928,072 won 3,760,206 won 106,176,966 won per share of the right holder, 206 won per share of the right holder, 3,760,206 won
G. On July 25, 2017, the Plaintiff appeared on the date of distribution, and raised an objection against the entire amount of dividends (23,547,685 won) of Defendant B’s bankruptcy trustee C in bankruptcy, and part (6,452,315 won) of the amount of dividends of Defendant National Bank of Korea (hereinafter “Defendant National Bank”), and filed the instant lawsuit on July 31, 2017, one week thereafter.