배당이의의 소
1. The plaintiff's selective claims against the defendant are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C borrowed KRW 120,000,000 from the Plaintiff on December 30, 2009, and as security, C completed the registration of creation of a neighboring mortgage with respect to the instant housing with the debtor C and the maximum debt amount of KRW 156,00,000 to the Plaintiff.
B. On June 25, 2013, the Plaintiff filed for a voluntary auction on the basis of the foregoing right to collateral security, and the decision to commence voluntary auction on the instant housing was rendered to the court B, and the said auction procedure was in progress (hereinafter “instant auction procedure”).
C. On June 3, 2014, at the instant auction procedure, on the date of distribution, a distribution schedule of the distribution of KRW 20,00,00 to the Defendant and KRW 92,150,159 to the Plaintiff (applicant creditors) was prepared. The Plaintiff appeared on the said date of distribution, and made a statement of objection to the distribution against the total amount of the Defendant’s dividends, and filed a lawsuit of objection to the distribution on June 10, 2014 to the Defendant on the said date of distribution.
[Ground of recognition] Facts without dispute, Gap 1, 6 through 10, and the purport of the whole pleadings.
2. Judgment on the argument of the most lessee
A. The Plaintiff’s assertion is merely the most lessee who entered into a false real estate lease agreement with C, and the Defendant, who recognized the Defendant as a small lessee, and distributed KRW 20,00,000,00, shall seek correction as to the instant distribution schedule as stated in the purport of the claim.
B. In full view of the evidence, evidence, evidence evidence, evidence evidence, evidence, evidence of Gap 2 through 5, and evidence of Eul 1 through 13 (including each of the numbers in the evidence evidence of Eul 1, 3 through 5, 7, 9, 11, and 12), and the fact inquiry results and the whole purport of the pleadings in this court against the Korea Power Regional Headquarters of Incheon City, Incheon Urban Gas Co., Ltd., the North branch office of the Water Supply Headquarters of Incheon Metropolitan City, the North branch office of the ELS Co., Ltd., and the whole purport of the arguments, the defendant set the lease deposit amount of 21,00,000,000, and the term of lease as to the housing of this case from May 7, 2012 to May 6, 2014.