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Reasons
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(영문) 인천지방법원 2016.11.15 2015가단226747
배당이의 등 청구의 소
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2, 2011, the NongHyup Co., Ltd. (hereinafter “C”) loaned KRW 321,000,000 for housing funds to Nonparty C (hereinafter “C”). On April 4, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage, an agricultural debtor C, and a mortgagee of the collateral security (hereinafter “C”) with respect to the 385,200,005-dong 203 (hereinafter “instant apartment”).

(hereinafter “instant collateral security”). B.

On March 20, 2014, the Defendant entered into a lease agreement between C and C with respect to the instant apartment (hereinafter “instant lease agreement”), which stipulates the lease deposit amount of KRW 20,000,000, monthly rent of KRW 600,000, and the term of lease from April 11, 2014 to April 10, 2016, completed the move-in report to the said domicile on April 11, 2014, and obtained the fixed date on May 9, 2014.

C. On May 27, 2014, agricultural cooperatives filed an application for voluntary auction on the instant apartment based on the instant collateral security (hereinafter “instant auction procedure”). At the time, the loan principal of agricultural cooperatives was KRW 321,00,000,000, and the appraised value of the instant real estate was KRW 420,000,000.

In the instant auction procedure on August 5, 2014, the Defendant asserted that “a lessee to the instant apartment has a right to return a lease deposit,” and filed a report on the right and demand for distribution, and the Plaintiff took over a right to a loan from Nonghyup on December 2, 2014, and participated in the instant auction procedure.

E. In allocating the amount of KRW 292,379,380 to be actually distributed to the Defendant of the small-sum lessee, who is the first priority, the amount of KRW 14,60,00,000, and KRW 545,580, and KRW 277,23,80,00 to the applicant creditor (mortgage mortgage) who is the third priority holder, who is the third priority holder, in June 23, 2015, the Incheon District Court distributed each of the amount of KRW 292,379,380 to the Plaintiff.

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