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(영문) 인천지방법원 2016.03.23 2015가단223311

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is a creditor who, while lending KRW 51 million to C on December 8, 2009, was created a right to collateral security of KRW 60,300,000 with respect to the instant real estate (Yecheon-gu Down-gu 402).

The Defendant’s lease of the instant real estate in KRW 17 million from C on June 19, 2013 to acquire the deposit by abusing the preferential repayment system of the Housing Lease Protection Act for the following reasons, and cannot be protected as a small lessee of the said Act.

In addition, C’s active property is only the instant real estate with the market price of KRW 60 million, and the conclusion of a lease agreement with the Defendant is a fraudulent act that causes damage to the general creditors and the Defendant is well aware of it, and thus, the lease agreement should be revoked as a fraudulent act.

① At the time of June 19, 2013, the Defendant confirmed that the right to collateral security was established with a certified copy of the register of the instant real estate as of June 19, 2013, the Defendant concluded a lease contract with a deposit amount of KRW 17 million so that it can be paid to the small lessee with the highest priority payment amount.

② Even if the instant real estate is located in the Jung-gu Incheon Metropolitan City, the Defendant concluded a lease agreement as a broker of a licensed real estate agent located in the territory of Nam-gu Incheon Metropolitan City, and the Defendant was residing in Dong-gu Incheon Metropolitan City, 1.1km away from the instant real estate and thus, there is no reason to lease the instant real estate.

③ Even though the Defendant received the transfer of the instant real estate on July 29, 2013, on the source of the deposit, the details of the use of electricity, water, gas, etc. regarding the instant real estate, and the instant real estate, the Defendant made a move-in report on the instant real estate on July 1, 2013, which was 28 days before the said move-in report, and lack of proof as to

4. C shall enter into the above lease contract.