beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 5.
The plaintiff is between C and C, and the defendants are creditors of C.
B. On January 10, 2015, at the request of the Industrial Bank of Korea, which is a mortgagee, with respect to D 411 (hereinafter “instant building”) owned by Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “C”), the auction procedure commenced on January 10, 2015, and the Plaintiff filed an application for a demand for distribution by asserting that the said auction procedure was a lessee who entered into a lease contract with C as to one column among the instant real estate, and that the lease deposit was
C. On November 17, 2015, the said auction court prepared a distribution schedule that distributes the amount of KRW 10,800,318 to Defendant Jin Capital Co., Ltd, except for the Plaintiff’s dividends, and the amount of KRW 9,757,027 to Defendant Jin Card Co., Ltd. (hereinafter “instant distribution schedule”). D.
The Plaintiff appeared on the date of the aforementioned distribution and raised an objection against KRW 8,406,00 out of the amount of dividends against Defendant Jin Capital Co., Ltd., and KRW 7,593,99 of the amount of dividends against Defendant Jin Capital Co., Ltd., and filed the instant lawsuit on November 24, 2015, which was seven days thereafter.
2. The assertion and judgment
A. The Plaintiff’s assertion is the joint operator of E, a corporation, the representative director of which, in order to view the business affairs of the Plaintiff, while living in Seoul, the Plaintiff resided in the building of this case in Seoul for the purpose of viewing the business affairs of the said company. However, the instant dividend table prepared by the Plaintiff, which was excluded from dividend, is unfair, since the said company had been in management difficulties and the Plaintiff actively participated in the operation of the said company, and the amount of KRW 20,000,000 was paid to C on September 25, 2014, which was convenient and independently residing in Seoul, and the lease deposit amount of KRW 20,000 was paid to C on September 25, 2014.