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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the case [based on fact-finding] The auction procedure (which was commenced on November 13, 2013; hereinafter “instant auction procedure”) was conducted upon the Defendant’s voluntary request for auction (which was conducted on November 13, 2013; hereinafter “instant auction procedure”) with respect to Gap’s evidence Nos. 1 to 4, Eul’s evidence Nos. 1, and the purport of the entire pleadings as to the D, 102 and 703 (hereinafter “instant apartment
(A) On January 28, 2014, the Plaintiff, an ASEAN, filed an application for a report on the lessee’s right and a demand for distribution on or around January 25, 2014. However, on June 25, 2014, the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 84,214,201 to the Defendant regarding the instant auction procedure and does not distribute dividends to the Plaintiff (hereinafter “instant distribution schedule”).
The Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection against the Defendant’s dividend.
The plaintiff's assertion: A legitimate tenant who has opposing power as to the small one column of the apartment of this case, has the right to preferentially be paid KRW 14 million out of the deposit, but has not received dividends in the auction procedure of this case.
2. In a case where the Plaintiff’s assertion and the contents of evidence regarding the establishment of a claim in a lawsuit of demurrer against distribution against the distribution, in a case where it is difficult to believe it as they are in violation of logical and empirical rules, it is reasonable to take such circumstances into account in determining whether
(1) In light of the following circumstances acknowledged by the above evidence, it is difficult to view that the instant lease agreement was concluded in a genuine manner as it is not a very exceptional form. There is sufficient room to view that the Plaintiff is the most lessee who made a demand for distribution by preparing only the form of the lessee in collusion or by submitting only the type of the lessee in order to receive the lease deposit.
(1) C shall be transferred five times from December 15, 201 to March 28, 2012.