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(영문) 서울서부지방법원 2018.11.23 2018가단1066

배당이의

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On January 11, 2018, in the Seoul Western District Court B real estate auction case of Eunpyeong-gu Seoul District Court Da 401, the said court drafted the amount of dividends to the Defendant out of KRW 159,154,59 of the amount of dividends for the instant housing as KRW 100,000,000, and the amount of dividends to the Plaintiff as KRW 103,617,055.

B. The defendant was to be the first tenant of small amount, and the plaintiff was to receive the distribution as above as the fourth mortgagee.

C. On June 20, 2016, the Defendant drafted a lease contract with a monthly rent of KRW 200,000,000 for KRW 10,000,000 as security deposit C, and two-year lease contract.

【A without dispute, A’s No. 6】

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion argues that the Defendant leased KRW 10 million to the Plaintiff based on the auction price of the instant house is the most lessee, and that the instant lease agreement constitutes a fraudulent act under a contract concluded by the Defendant in collusion with C.

B. In full view of the purport of the entire pleadings in the testimony of the witness C, there is three partitions in the instant house, and the Defendant leased and resided in the instant house under the aforementioned conditions from C who operated the taxi as one column among the instant house, and in the remaining two partitions, C and one of his children were residing in C, and the entire instant house is recognized as having been the lease deposit amounting to approximately KRW 140 million.

Therefore, the Plaintiff’s assertion that the Defendant leased the entire housing of this case to KRW 10 million is not recognized.

3. It is so decided as per Disposition by the assent of all participating Justices.