배당이의
1. The plaintiff's main claim is dismissed.
2. On May 2013, 2011, regarding real estate stated in the separate sheet between the Defendant and B.
1. Basic facts
A. On December 18, 2012, the Industrial Bank of Korea completed the registration of creation of a mortgage over the real estate indicated in the separate sheet (hereinafter “instant apartment”) with respect to B, the debtor B, the maximum debt amount, KRW 350,000,000,000, and the Industrial Bank of Korea, which is the right to collateral security (hereinafter “mortgage”).
B. On May 10, 2013, the Defendant: (a) leased one room among the instant apartment units on a deposit basis, KRW 1.5 million per month; (b) the lease term from May 21, 2013 to May 21, 2015; (c) concluded a lease contract with the terms that the remainder of KRW 1.5 million shall be paid to each of the parties on May 21, 2013 (hereinafter “instant lease contract”); and (d) concluded a move-in contract with the instant apartment units at their address after obtaining a fixed date on July 19, 2013.
C. On November 6, 2013, the Industrial Bank of Korea filed a voluntary auction application with Seoul Southern District Court C regarding the instant apartment on the same day (hereinafter “instant auction procedure”). The Plaintiff acquired the instant mortgage claim and collateral security from the Industrial Bank of Korea during the instant auction procedure.
In the auction procedure of this case, the defendant asserted that one room among the apartment of this case from B is a small lessee who leased the deposit of 1.5 million won and monthly rent of 200,000 won, and filed a report on the right and demand for distribution based on the claim to return the lease deposit.
E. On May 2, 2014, the aforementioned court: (a) drafted a distribution schedule with the content that distributes the amount of KRW 11,580,00 to the Defendant, a lessee of small claims, among the amount to be distributed actually on May 2, 2014, and KRW 336,961,424 to the Plaintiff, a creditor and a transferee of the right to collateral security (application).
F. On May 9, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed by the Defendant, and thereafter filed a lawsuit of demurrer against the distribution of this case.
G. On the other hand, the instant lease agreement is concluded.