배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant filed a motion with the Seoul Eastern District Court for the auction of real estate rent with respect to the Seongdong-gu Seoul Apartment No. 103, 406 (hereinafter “instant apartment”), and the said court rendered a ruling to commence the auction on September 4, 2013.
B. On October 7, 2013, the Plaintiff filed an application for a report on the right and demand for distribution with the auction court by asserting that he/she leased part of the instant apartment from D and E, the owner of the instant apartment, KRW 25 million. However, the auction court prepared a distribution schedule stating that the amount to be actually distributed on June 13, 2014, should be distributed to the Defendant, the mortgagee, who is the right to collateral security, and that the Plaintiff excluded the Plaintiff from the distribution, and the Plaintiff was present on the date of the said distribution, and raised an objection as to KRW 20 million out of the dividend amount against the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 7 and 8, and the purport of the whole pleadings.
2. The Plaintiff asserts that the distribution schedule prepared by the auction court should be revised as stated in the purport of the claim, on the ground that the Plaintiff’s determination on the cause of the Plaintiff’s claim: (a) leased the lower bank of the instant apartment from D and E at KRW 25 million; and (b) completed a move-in report around August 2013; and (c) can be preferentially reimbursed for the amount of KRW 20 million out of the lease deposit under the Housing Lease Protection Act.
Therefore, there is no evidence to acknowledge that the Plaintiff paid the lease deposit to the lessor D and E.
[A] The following circumstances revealed by A-2, 1-3, 4-2, and 4-3 include the overall purport of arguments, namely, the lessee on April 8, 2013 as to the apartment of this case; the lessee on the one hand as the deposit money is KRW 75 million; the lessee on the other hand as alleged by the Plaintiff; and the lessee on the one hand as the deposit money is at KRW 25 million (A-2); and the lease contract (A-2) on the other hand as the deposit money is at KRW 25 million.