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(영문) 인천지방법원 2016.06.30 2015가단38599

배당이의

Text

1. Each of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of litigation are assessed against the Plaintiff and the Intervenor succeeding to the Plaintiff.

Reasons

1. Basic facts

A. B acquired ownership by completing the registration of ownership transfer of the real estate listed in the separate sheet (hereinafter “instant real estate”) on March 8, 201. On November 28, 2013, B concluded a lease agreement between the Defendant and the lessor, B, the lessee, the lease deposit amount of KRW 23 million, and the lease term of December 5, 2015 (hereinafter “instant lease agreement”).

B. At the time of the establishment of the instant lease agreement, the instant real estate was completed on March 8, 201, the maximum debt amount of KRW 373,200,000, the debtor B, the creditor National Bank Co., Ltd. (hereinafter “National Bank”), and the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) on March 8, 201, and the secured debt of the instant right to collateral security is the principal and interest obligation against B’s national bank with KRW 311,00,000,000 as of March 8, 2011.

The registration of the transfer of the establishment of the neighboring mortgage in this case was completed on March 18, 2015 in the future of the plaintiff on the grounds of the transfer of the finalized credit as of September 4, 2014.

C. On June 29, 2015, the procedure for commencing a voluntary auction based on the instant right to collateral security (the date of distribution on June 29, 2015, the Defendant, as a small lessee, shall take 19,000,000 won as the first priority. The Seo-gu Incheon Metropolitan City shall take 672,420 won as a seizure right holder (relevant tax), and the Plaintiff prepared a distribution schedule with the content of receiving dividends in the second order of 285,859,976 won as the applicant creditor (right mortgagee), and the Plaintiff raised an objection against the total amount of dividends of the Defendant.

On November 27, 2015, the Plaintiff transferred the remainder of the principal and interest of the above loan to the Intervenor succeeding to the Plaintiff, and notified the Plaintiff on December 28, 2015 upon delegation by the Plaintiff, the Intervenor succeeding to the Plaintiff.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, and evidence 6, purport of the whole pleadings]

2. The assertion and judgment

A. The main point of the Plaintiff’s and the Plaintiff’s Intervenor’s assertion is that of the instant lease agreement B.