배당이의
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. Basic facts
A. On March 31, 2008, the Plaintiff (Seoul Capital Co., Ltd.) lent and secured KRW 280 million to C on April 1, 2008, with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) on April 1, 2008, the registration of creation of a neighboring mortgage amount of KRW 388,88 million (hereinafter “instant collateral security”).
B. As between October 26, 2013 and C, the Defendant entered into a lease agreement with C to lease the instant real estate with a fixed term from November 9, 2013 to November 8, 2015 (hereinafter “instant lease agreement”), and completed the move-in report on November 4, 2013.
C. On December 4, 2013, the Plaintiff filed an application for the auction of real estate rent based on the instant right to collateral security with the Suwon District Court B, and the auction procedure was commenced on December 5, 2013 (hereinafter “instant auction procedure”).
On July 8, 2014, the auction court prepared a distribution schedule with the content that distributes the amount of KRW 12 million to the Defendant, a small lessee, at the first order of 269,300,312 out of the amount to be actually distributed on the date of distribution of the auction procedure in this case, and the Plaintiff, the applicant obligee, at the second order, who is the applicant obligee, at the second order of 257,30,312.
E. On the date of distribution, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on July 4, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 1, Eul evidence 2-2, the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion is the most lessee who in collusion with C to receive distribution as a small lessee under the Housing Lease Protection Act and entered into a lease agreement on the instant real estate.
Even if the Defendant entered into the instant lease agreement with C and actually resided in the instant real estate, the main purpose of the lease agreement is not to use and take profit from the housing, but to small lessee.