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(영문) 대전지방법원 2018.07.05 2017가단220727

배당이의

Text

1. The Daejeon District Court shall have regard to the application for a successful auction for real estate L and the application for a compulsory auction for M&D.

Reasons

1. The part of the claim against Defendant H Co., Ltd. (hereinafter “Defendant H”)

(a) Indication of claims: as shown in the part of Defendant H among the grounds for the attachment;

(b) Judgment on deemed confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. The part of the claim against Defendant B Fund, C Co., Ltd., E Co., Ltd., F Co., Ltd., and I Co., Ltd. (hereinafter “Bus Defendants”)

A. The Plaintiff, based on the premise, was the mother of N (hereinafter “debtor”) who is the debtor of the auction case of the instant case, and the Plaintiff, from December 201 to the real estate subject to auction of the instant case (hereinafter “instant housing”) and resided with the husband in the instant housing together with the husband.

On January 23, 2012, the Plaintiff prepared and provided a certificate of free residence at the time when the obligor received the instant mortgage loan from Defendant F Co., Ltd., and on October 16, 2014, Co., Ltd. prepared and provided a certificate of free residence at the time of granting the mortgage loan on the instant housing.

On August 14, 2012, KRW 10 million and KRW 88 million on October 15, 2012 were transferred from the Plaintiff’s husband’s account to the obligor’s account.

In the auction case of this case, the Plaintiff applied for a demand for distribution of deposit of KRW 90,000,000 as a lessee with opposing power under the Housing Lease Protection Act, but did not become a dividend, but stated an objection as to the dividend against the remaining Defendants as stated in the purport of the application on September 7, 2017, the date of distribution, and filed the instant lawsuit on September 13, 2017, one week.

[Ground for Recognition: Facts without dispute, Gap 2 through 11, Eul 1, the purport of the whole pleadings]

B. The gist of the Plaintiff’s assertion is that from the end of January 2011, the Plaintiff entered into a lease agreement with the debtor who is the owner of the instant housing and the deposit amount of KRW 90 million, and resides in the instant housing. In order to secure the preferential payment right of the said banks, the debtor and the security deposit are KRW 90 million around January 3, 2015.