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(영문) 인천지방법원 2017.09.08 2016가단250587

배당이의

Text

1. Of the dividend table prepared on November 9, 2016 with respect to the voluntary auction case of the Incheon District Court B real estate, it is against the defendant.

Reasons

1. Basic facts

A. On January 6, 2015, the Industrial Bank of Korea: (a) registered the establishment of a neighboring maximum debt amount of KRW 43.2 million with respect to subparagraph 1 of Article 4 of the Nam-gu Incheon Metropolitan City D (hereinafter “instant real estate”) owned by Nonparty C; and (b) obtained a decision to commence a voluntary auction of real estate from the Incheon District Court B on July 21, 2015.

B. On September 22, 2015, the Industrial Bank of Korea transferred the above collateral security claims against Nonparty C to the Plaintiff via the Korea Securities Finance Corporation, and notified Nonparty C of the above assignment of claims on September 23, 2015.

C. On the date of distribution of the said voluntary auction procedure held on November 9, 2016, the distribution schedule was drawn up by the Defendant to receive 21,50,000 won as the first-class tenant, and the Plaintiff to receive 25,156,386 won as the fourth-class creditor and the second-class creditor, the second-class creditor and the second-class creditor, the second-class creditor, and the third-class creditor

The Plaintiff appeared on the date of distribution, and raised an objection against KRW 16,776,442 out of the amount of distribution to the Defendant, and filed the instant lawsuit on November 16, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including paper numbers), Gap evidence 11, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is the most lessee, and the defendant asserts that he is the true lessee who has concluded a lease contract with his real estate brokerage office.

B. According to the statement in Eul evidence No. 2, the defendant completed the move-in report on May 28, 2015 and received the fixed date. The defendant completed the move-in report on May 28, 2015 and completed the move-in report and received the fixed date. < Amended by Act No. 1372, May 21, 2015>

However, according to the following circumstances which are acknowledged by the purport of the entire pleadings, as a result of the fact that there is no dispute, the entry of No. 9-1 to 6, G, and H head's inquiry.