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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 10, 2015, with respect to the instant real estate listed in C and D’s separate list (hereinafter “instant real estate”), the court prepared the distribution schedule with respect to KRW 919,56,956, which was to be actually distributed, except for the execution expenses, from the sale price and interest of the said real estate, on March 3, 2016, with respect to the instant real estate (hereinafter “instant real estate”), KRW 13,309,890 in Seocho-gu, Seoul Special Metropolitan City, the seizure authority (the pertinent tax), (i) KRW 3,090,140, 140,219,750 in KRW 10,219,750 in the transferee of one bank, one bank, the mortgagee of one bank, distributed KRW 651,452,278 in the specialized company of securitization, and (ii) the remainder, 254,798,788 won in all of them to the Defendant (the pertinent non-resident (hereinafter “instant”).
[Reasons for Recognition] Unsatisfy, Gap evidence 3 through 5, the purport of the whole pleadings.
2. The Plaintiff asserted that, on March 24, 2015, the Plaintiff leased the instant real estate from the foregoing C and D to the lease deposit amount of KRW 33,00,000, and the lease term from March 26, 2015 to March 26, 2017, the Plaintiff claimed that: (a) the Plaintiff was a person who completed the move-in report on the instant real estate on March 26, 2015 after paying the lease deposit; (b) was a small lessee as prescribed by the Housing Lease Protection Act and the Enforcement Decree thereof, and was excluded from the distribution due to the failure to demand a distribution by September 21, 2015, which is the date of the completion of the said auction procedure; and (c) the Defendant claimed correction of the instant distribution schedule as stated in the aforementioned claim.
3. Article 148 of the Civil Execution Act of determining the legality of the instant lawsuit provides for “a creditor who filed a request for auction by not later than the completion period to demand a distribution” concerning the scope of creditors entitled to receive a distribution.
2. The creditor who has demanded a distribution not later than the completion period to demand a distribution;
3. A creditor of provisional seizure registered prior to the registration of the first decision to commence the auction;
4. First, as mortgages, chonsegwon, and other preferential claims;