배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 31, 2014, the Plaintiff filed a report on the right and demand for distribution, asserting that the Plaintiff was a small lessee who leased the instant apartment in KRW 20,00,000 from C to the execution court in the Suwon-si, Ansan-si, the member D apartment Nos. 103, 2205 (hereinafter “instant apartment”) in the Suwon-gu, the Suwon District Court, Ansan-gu, the Seoul District Court, the Seoul District Court, and the real estate No. 2205 (hereinafter “instant auction”).
B. On April 26, 2016, the court of execution prepared the distribution schedule for each of the following: (a) with respect to KRW 397,78,051, the amount to be actually distributed on the date of distribution held on April 26, 2016; (b) KRW 187,870, and KRW 2,870, and KRW 312,000, and KRW 313,513 for the members of the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based limited company specialized in securitization; (c) the applicant creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based limited company specialized in securitization; (d) KRW 24,639,139; and (d) the delivery authority-based list for the distribution of KRW 11,814,207; (e) KRW 2,975,814; and (e) KRW 2,975,814; and (e) Defendant Seoul Guarantee Insurance Co.
C. On the above date of distribution, the Plaintiff raised an objection against KRW 11,976,067 out of the dividend amount of Defendant Hyundai Capital Co., Ltd. and KRW 8,023,93 out of the dividend amount of Defendant Hyundai Capital, and filed the instant lawsuit on May 3, 2016, within one week thereafter.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 6, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. On October 31, 2014, the Plaintiff, which caused the Plaintiff’s claim, is entitled to receive the top priority payment of KRW 19,00,000 out of the said amount as the genuine small lessee who leased and resided in the instant apartment in KRW 20,000 from C, and thus, the instant distribution schedule is the purport of the claim.