배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D completed the registration of transfer of ownership on May 24, 2005, Bupyeong-gu, Incheon E, 401 (the instant housing).
B. On January 10, 2006, F, who was the Defendant, entered into a lease agreement with D and the instant housing as “5,000,000 won for lease deposit, monthly rent of KRW 300,000 for rent, and from January 15, 2006 to January 14, 2007”.
On January 10, 2006, the defendant and his family members completed the moving-in report of the resident registration in the instant house, and were unable to do so.
C. G purchased the instant house from D on July 30, 2006, and completed the registration of ownership transfer on August 14, 2006.
G and F succeeded to and renewed the above lease agreement.
On September 10, 2008, Defendant and G entered into a lease agreement with the term “32,00,000 won for lease deposit, and two years for lease period,” regarding the instant housing.
On September 12, 2008, the Defendant paid to G KRW 27,000,000 (=32,000,000 - 5,000,000) in difference of lease deposit, and obtained a fixed date in the above lease agreement.
E. H Purchasing the instant housing from G on August 25, 2009, and for the same year
9.16. Completion of the registration of ownership transfer.
F. On September 16, 2009, the Incheon Fisheries Cooperatives completed the registration of the establishment of a neighboring mortgage of the debtor H, the maximum debt amount of KRW 96,200,00 with respect to the instant housing.
G. On September 14, 2009, the defendant and his family members transferred from the instant house upon G’s request, and the same year.
9.18Re-transfered on 18.
H. On September 24, 2009, the Defendant entered into a lease agreement with H and the instant house with the term “32,000,000 won for lease deposit, and two years for lease period.”
The defendant for the same year
9. 28. The fixed date of the above lease agreement was obtained.
I. On November 14, 2013, the Incheon Fisheries Cooperatives applied for a voluntary auction and rendered a decision to voluntarily commence the instant housing.
(In the above auction procedure, the defendant asserted that he is a small lessee and filed an application for a report on rights and a demand for distribution.