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1. Of the distribution schedule prepared on December 6, 2017 by the same court in the previous district court C (D) voluntary auction cases of real estate.
Reasons
1. Basic facts
A. On December 5, 2014, the Plaintiff applied for a payment order against E seeking a loan of KRW 25 million and its delay damages as the Gwangju District Court 2014 tea9579, and the payment order was finalized on January 14, 2015.
B. Each real estate listed in the separate list owned by E (hereinafter “instant real estate”) was sold through the auction procedure for the voluntary auction of real estate (hereinafter “instant auction procedure”) in this court. In the instant auction procedure, the Defendant asserted that the instant real estate is the lessee of the instant real estate (a lease deposit of KRW 45 million, a lease contract date, March 11, 2013; a fixed date of January 8, 2016; a lease period of KRW 45 million from March 11, 2013 to March 11, 2018), and filed a report on the right and demand for distribution against the lease deposit of KRW 45 million.
C. According to the distribution schedule prepared by this court on December 6, 2017 in the instant auction procedure, the Defendant received dividends of KRW 15 million as a small lessee, KRW 21,023,526 as a mortgagee, and KRW 6,023,526 as a mortgagee, and KRW 6,023,526 as a mortgagee. The Plaintiff raised an objection against the total amount of dividends received by the Defendant and the total amount of H’s dividends on the date of open distribution on the same day.
【Facts without dispute over the ground for recognition, entries in Gap's evidence 1 through 6 (including branch numbers for those with additional numbers), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant is the most lessee who entered into a false lease contract with the Plaintiff E, and the distribution schedule premised on the Defendant’s right to claim the return of the lease deposit with respect to the instant real estate is unfair. Therefore, it should be corrected to delete the amount of distribution to the Defendant and distribute all of them to the Plaintiff.
B. As to the Defendant, on March 11, 2013, the Defendant: (a) leased the instant real estate as KRW 45 million from E; and (b) as to KRW 10 million out of the lease deposit, the Defendant leased the instant real estate to E whenever income accrue from March 2013.