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1. Of the dividend table prepared by the same court on September 5, 2014 in the voluntary auction case of B real estate in this Court, against the plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4:
The Plaintiff lent KRW 462,00,000 to C around August 2012, the same month.
9. C, D, and E (hereinafter referred to as “C, etc.”) obtained registration of the establishment of a mortgage with respect to the F Building Nos. 203, 202, 48.56 square meters (hereinafter referred to as “instant house”) owned by them, and 203, 301, 302, 302, 303, 402, and 403 (hereinafter referred to as “the instant real estate”) of the same title as C, D, and E (hereinafter referred to as “the instant real estate”).
B. The Plaintiff failed to pay interest from June 9, 2013. On October 10 of the same year, the Plaintiff filed an application for a voluntary auction of real estate based on the said right to collateral security with this court B. On September 5, 2014, the auction procedure was commenced on the 23th of the same month. On the date of open distribution on September 5, 2014, the instant court prepared a distribution schedule with the content of distributing the amount of KRW 14,66,660 to the Defendant, a small lessee, who is a collateral security lessee, in the first order from KRW 346,889,472, which is the amount to be actually distributed after deducting the enforcement expenses from KRW 353,829,510, the sales price, etc. of the instant real estate.
C. On September 1, 2014, the Plaintiff raised an objection against the amount of distribution to the Defendant on the date of the said distribution, and filed the instant lawsuit with the instant court on September 11, 2014, which was seven days thereafter.
2. The plaintiff and the defendant's assertion;
A. The Plaintiff, as the cause of the claim, failed to acquire the opposing power as the Defendant did not actually reside in the instant house, and thus, the distribution of dividends to the Defendant is unlawful, and as a preliminary measure, establishment of the right of lease on the instant house, which is the creditors’ joint security in excess of C’s debt, shall be made.