(영문) 인천지방법원 2014.12.26 2013가단102649



1. Of the dividend table prepared on December 26, 2013 by the above court with respect to the auction of real estate B in Incheon District Court.


1. Basic facts

A. In the instant auction procedure, the Plaintiff filed an application for a report on the right and a request for distribution with this court as a lessee with respect to the Yeonsu-gu Seoul apartment 101, 3103 (hereinafter “instant apartment”), Yeonsu-gu, Incheon, and the Defendant participated in the distribution procedure as a mortgagee by taking over the pertinent mortgage and loan claims from the new bank, Inc., the mortgagee of the instant apartment.

B. On December 26, 2013, this Court prepared a distribution schedule with the content that distributes the amount of KRW 357,029,962 to the Defendant, among the amount to be actually distributed on the date of distribution of the auction procedure in this case, KRW 1,182,80, and KRW 70,150, and KRW 553,00, and KRW 562 to the Vice-Governor of Incheon National Health Insurance Corporation (public charges) in the order of priority of the holder of the right to deliver (the pertinent tax), among the amount of KRW 358,835,912, which is to be actually distributed on the date of distribution of the auction procedure in this case.

C. The Plaintiff appeared on the date of the above distribution, and raised an objection against KRW 22,00,000 out of the dividend amount against the Defendant, and thereafter filed the instant lawsuit on December 31, 2013, within one week thereafter.

Meanwhile, the instant apartment was sold to D in the instant auction procedure on November 14, 2013.

The above D completed the registration of ownership transfer on the apartment of this case on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4 and the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion (1) around September 14, 201, the Plaintiff leased the instant apartment as KRW 30 million, monthly rent of KRW 1100,000, and from September 17, 2011, the lease deposit was increased to KRW 50,000,000 on September 17, 201.

In addition, the plaintiff and the above E paid the above lease deposit of KRW 50 million to the above F, and the monthly rent from November 201 to September 2013 is the sum of the rent from November 201 to June 2013.