배당이의의소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale on April 29, 2004 on the ground of January 31, 2008. On the same day, C loaned KRW 410,000,000 from the Plaintiff. As to the instant real estate, C created a right to collateral security, which amounts to KRW 492,00,000 of the maximum debt amount, with respect to the Plaintiff. On December 10, 2012, C created a right to collateral security, which amounts to 35,00,000,000 of the maximum debt amount.
B. On May 29, 2014, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant real estate by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 1,200,000, and the period from June 30, 2014 to June 29, 2015, and completed the move-in report simultaneously with obtaining a fixed date from the instant lease contract on July 1, 2014 after paying the said deposit to C.
C. On October 30, 2014, the Plaintiff executed a provisional attachment of KRW 19,116,729 with respect to the instant real estate, and on November 27, 2014, the Seocheon-si seized the instant real estate.
C did not have any property other than the instant real estate at the time of entering into the instant lease agreement.
E. C: (a) from July 11, 2014, the Plaintiff’s status as the Plaintiff.
The Plaintiff began to delay the payment of interest on the loans stated in the subsection. Accordingly, the Plaintiff filed an application for an auction of real estate rent to this court B on December 9, 2014. The order to commence an auction of real estate rent was issued by this court on July 6, 2015. The instant real estate was sold to E in the above auction procedure.
F. On July 28, 2014, this court drafted a distribution schedule with the content that, among the amount to be actually distributed on the date of distribution of the instant auction procedure, KRW 16,00,000 to the Defendant, who is the lessee of small claims, the lessee of small claims, KRW 34,06,825 to the Plaintiff, the applicant obligee, and KRW 310,266 to the bankruptcy trustee, the applicant obligee, and KRW 856,894 to the Defendant, the lessee.
G. The plaintiff is above.