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1. Of the dividend table prepared on August 26, 2014 by the same court with respect to the auction of real estate B in Incheon District Court.
Reasons
1. Basic facts
A. On September 7, 2011, the Plaintiff lent KRW 4330 million to G under the joint and several sureties of C and D, and completed the registration of the establishment of a mortgage on the instant apartment owned by C and D with the maximum debt amount of KRW 5629 million on the same day.
B. On June 7, 2013, according to the Plaintiff’s request for auction for the enforcement of the right to collateral security, the auction procedure for the instant apartment was commenced on December 9, 2013. On February 12, 2014, the Defendant leased the instant apartment (exclusive area of KRW 164.86m2) to the lease deposit amount of KRW 20 million and filed an application for a report on the right to file a claim for distribution and a demand for distribution, alleging that the Defendant had resided from October 15, 2013.
C. On August 26, 2014, on the grounds that the Plaintiff was a small lessee on the date of distribution of the said auction case, the Plaintiff raised an objection against the total amount of dividends to the Defendant, as the Plaintiff first distributed the total amount of dividends to the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 7, and 11, the purport of the whole pleadings
2. Whether the defendant can be protected as a small lessee (with respect to the principal claim)
A. The facts of recognition are as follows: (a) the Defendant entered the written evidence Nos. 3-2, 3, 5, and 18 as evidence Nos. 3-2, 18, in full view of the overall purport of the pleadings; (b) on April 21, 2014, the Defendant submitted an amendment to the effect that the apartment of this case was leased after visiting a nearby real estate office while considering the circumstances on which the apartment of this case was leased in the above auction case as a workplace relationship; (c) on September 11, 2013, the lease contract (Evidence No. 3-2) entered as of September 11, 2013 on the apartment of this case made between the Defendant and C, and D, the Defendant was entered as a deposit amount of KRW 20 million; (d) the remainder of KRW 18 million (payment date on October 31, 2013); and (e) H was entered as a broker and was well aware of the Defendant’s wife’s wife within the fixed date of the move-in report.