배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 26, 2012, the Plaintiff filed an application for auction on March 26, 2012, the Plaintiff completed the registration of creation of a mortgage over KRW 179,40,000 of the maximum debt amount with respect to the building No. 203 (hereinafter “instant house”) owned by Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant house”). On July 29, 2013, the Plaintiff filed a decision to voluntarily commence auction on the instant house (hereinafter “instant auction procedure”).
B. During the instant auction procedure, the Defendant filed a report on the right and the demand for distribution by asserting that he/she is a small lessee under Article 8 of the Housing Lease Protection Act for the instant housing at the executing court.
On June 26, 2014, at the instant auction procedure, the execution court: (a) distributed KRW 22 million to the Defendant who applied for a demand for distribution as a small lessee; and (b) drafted a distribution schedule with the content that distributes KRW 101,092,289 in the second order to the Plaintiff, who is the applicant creditor and the mortgagee, as the right to collateral security (hereinafter referred to as “instant distribution schedule”).
Accordingly, on the date of distribution, the Plaintiff stated an objection against 22 million won as to the Defendant on the date of distribution, and thereafter filed the instant lawsuit on July 1, 2014, one week thereafter.
[Ground of recognition] Gap evidence Nos. 1, 5, Gap evidence Nos. 6-2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. On March 31, 2013, the Plaintiff asserted that the Defendant entered into a lease agreement with C by setting the lease deposit of KRW 27 million with respect to the instant housing, and received dividends of KRW 22 million in the instant auction procedure, but the Defendant is only the most lessee of the instant housing.
Nevertheless, since the Plaintiff could not receive dividends of KRW 22 million from the auction procedure due to the above dividends against the Defendant, the dividend amount of KRW 22 million against the Defendant in the instant distribution schedule should be KRW 0,000,000, and KRW 101,092,289,000,000 against the Plaintiff should be corrected respectively.
Even if so, it is.