beta
(영문) 인천지방법원 2015.04.14 2014가단229879

배당이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 5, Eul evidence Nos. 17 and 21, the plaintiff concluded a lease agreement with Gap on February 7, 2012 (hereinafter "the lease agreement in this case"), and obtained a fixed date after completing a lease agreement with Eul on February 16, 201, < Amended by Presidential Decree No. 20720, Oct. 14, 2013> < Amended by Presidential Decree No. 20740, Feb. 16, 2016> < Amended by Presidential Decree No. 20750, Feb. 201, 200; Presidential Decree No. 20750, Feb. 24, 2013>

2. Although the Plaintiff asserts that the Defendant is the most lessee and should be excluded from dividends, considering the overall purport of the pleadings in each of the statements in the evidence Nos. 4 through 7 and Nos. 14 through 16 (including a serial number), the Defendant deposited KRW 2 million in the bank account of the Republic of Korea on February 7, 2012, which is the date of conclusion of the instant lease agreement, and paid the lease deposit returned from the lessor E on February 16, 2012, which is the lease deposit received by the former lessee E, and thus, it can be recognized that the Defendant was living in the instant house (the Plaintiff paid the check that the Defendant paid the remainder as the remainder to the third party). However, the issue is that the Defendant paid the F’s deposit transaction certificate (No. 10 No. 200, Feb. 16, 2012, which is the remainder of the lease agreement of this case) without any explanation in the written reply.