배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 13, 2012, the Plaintiff entered into a lease agreement with C on the lease deposit amounting to KRW 30 million, and the period from November 13, 2012 to November 12, 2014, with respect to the underground room 20.33 square meters (hereinafter “instant building”) of Guro-gu Seoul Metropolitan Government D three stories (C-3 stories), which is owned by C, and completed a move-in report from November 13, 2012 to the date of November 12, 2014, and received a fixed date and received a fixed date and used and profit from the instant building.
B. On July 18, 201, the instant building: (a) one bank established a right to collateral security (which is the owner) with E as of July 18, 201; and (b) established a right to collateral security (which is the maximum debt amount of 195 million won); and (c) thereafter, on March 8, 2012, the ownership was transferred to C; (d) one bank applied for voluntary auction (which was registered as of March 28, 2013).
On June 5, 2013, the completion period for the demand for distribution, the Plaintiff reported the right to KRW 30 million of the lease deposit and demanded the distribution to this court.
C. In the above auction procedure, the date of distribution on May 19, 2015, after the instant building was sold to a third party. This court excluded the Plaintiff from the distribution of dividends.
On this date, the plaintiff made a statement of objection as follows.
On November 12, 2012, "A lessee made a move-in report to "Seoul Guro-gu D 3rd floor (Road name address: F. 301)" rather than "Seoul Guro-gu D 3rd floor (Road name address: F. 301 of Seoul Guro-gu, Seoul), and obtained a fixed date as of November 13, 2012. At the time of the conclusion of the lease contract with the debtor and owner C, the object of lease was indicated in the 301th floor in the Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Dong branch of Seoul."