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(영문) 서울남부지방법원 2015.10.20 2014가합108509

배당이의

Text

1. Of the distribution schedule prepared by the above court on August 19, 2014 in Seoul Southern District Court B real estate compulsory auction case.

Reasons

1. Basic facts

A. The Plaintiff’s damage claim against C against the Defendant’s father (Seoul District Court Decision 227,44,257, which became final and conclusive in the judgment of the Defendant’s father (Seoul District Court Decision 2011Gahap1214) and damages for delay.

B. 1) The Plaintiff is subject to the above final judgment against C and based on the attached list to Seoul Southern District Court (hereinafter “instant real estate”).

A) An application for a compulsory auction against a real estate was filed, and the above court decided to commence the auction procedure (Seoul Southern District Court B, hereinafter “instant auction procedure”).

(2) In the instant auction procedure, the Defendant demanded distribution on the ground that it is a lessee with a fixed date, and the executing court, on August 19, 2014, prepared a distribution schedule that distributes KRW 200,00,000 among the amount to be actually distributed on the open date of distribution to the Defendant, who is the first conclusive lessee, and KRW 10,625,723 to the Defendant, who is the first conclusive lessee, as the first conclusive lessee, and KRW 10,625,723 to the Plaintiff, who is the second highest applicant creditor, respectively (hereinafter “instant distribution schedule”).

3) The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the full amount of distribution to the Defendant, and thereafter, filed the instant lawsuit on August 22, 2014, within one week thereafter. [The fact that confession was made based on recognition, and the purport of the entire pleadings.]

2. The key issue of the instant case asserts that the Defendant is the most lessee as C’s son, and the full amount of the amount distributed to the Defendant should be distributed to the Plaintiff. The Defendant asserts that the Defendant was a genuine lessee since the Plaintiff entered into a lease agreement with C by setting the lease deposit amount as KRW 200 million by adding the Plaintiff’s loan obligation to the Defendant, KRW 70 million, the Plaintiff’s loan obligation to the Defendant, the Plaintiff’s loan obligation to the Defendant, and the Plaintiff’s wage obligation to the Defendant, as the sum of the lease deposit amount to KRW 462 million, and the Plaintiff’s loan obligation to the Defendant

3. Determinations No. 10, No. 11-1, No. 12-24, Co., Ltd. and national bank.