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(영문) 인천지방법원부천지원 2016.02.23 2015가단7802

배당이의

Text

1. The plaintiff's main claim is dismissed.

2. As to the real estate listed in the separate sheet between the Defendant and B, January 2014.

Reasons

1. Basic facts

A. On January 3, 2014, between B and B, the Defendant entered into a lease agreement with the effect that the instant real estate was leased between KRW 20,000,000, and the term of lease from January 17, 2014 to January 16, 2016 (hereinafter “instant lease agreement”), and the Defendant paid the said lease deposit to B, and obtained a fixed date on January 17, 2014.

B. On March 31, 2014, upon the application of the National Bank Co., Ltd., a collateral security right (the Plaintiff acquired the claim; hereinafter “Plaintiff”), the auction procedure was commenced in relation to the instant real estate to this court C. The Plaintiff reported the amount of the claim to KRW 346,509,724. On March 31, 2015, the court distributed KRW 20,000 to the Defendant as the lessee in the first priority order as the lessee, and KRW 342,456,618 to the Plaintiff as the obligee, respectively.

(hereinafter “instant distribution procedure”). D.

As to this, the Plaintiff stated an objection against KRW 4,053,106 out of the above dividend amount against the Defendant, and filed the instant lawsuit with the court on April 6, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, and 19, the purport of the whole pleading

2. The plaintiff, surrounding the judgment on the main claim, alleged that the defendant entered into the instant lease contract between B, and that there is no real lease relationship, and sought correction of the distribution schedule for the portion that the plaintiff was not paid in the distribution procedure of this case. Thus, the evidence presented by the plaintiff, including evidence Nos. 10, 11, 15, 16, and 17, is insufficient to readily conclude that the defendant is the most lessee who actually does not reside in the real estate of this case. Thus, according to the evidence No. 15, the defendant's following the instant lease contract of this case.