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. The Plaintiff entered into a lease agreement with respect to 30,00,000 won for the lease deposit and from April 27, 2017 to April 26, 2019 (hereinafter “the lease agreement in this case”) with respect to 1 column for one room (hereinafter “the lease agreement in this case”) among the apartment units E-dong 701, Dong-gu, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant real estate”). The Plaintiff completed the move-in report on April 28, 2017.
B. On February 28, 2018, the lower court made a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 2,460,490 to the Defendant New Card Co., Ltd. (U.S. District Court 2017Kadan202688) as a person holding a provisional seizure, KRW 1,543,095 as a person holding a right to demand a distribution (U.S. District Court 2016 tea533), as a person holding a right to demand a distribution, and KRW 37,015,650 as an applicant creditor against the Korea Deposit Insurance Corporation of the Future Savings Bank, Inc. (hereinafter “the instant distribution schedule”).
C. The Plaintiff, present on the date of distribution, raised an objection against KRW 27,071,921 out of the dividends No. 1,79,514 out of the dividends No. 5 of the dividends dividend order of a credit card company with the person having the right to demand a distribution, the dividends No. 1,128,564 out of the dividends No. 5 of the dividends dividend order of a new credit card company with the person having the right to demand a distribution, and the filing of the instant lawsuit on March 6, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 8, 9, 10, 11, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff as the Plaintiff’s small lessee is entitled to receive the amount equivalent to the deposit money prior to the Defendants.
B. The purpose of the Plaintiff is to collect the claim equivalent to the deposit amount prior to the senior secured party, which is the most lessee or the actual protection of the small lessee, is to collect the claim prior to the senior secured party.