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(영문) 서울남부지방법원 2016.12.21 2016가단210768

배당이의

Text

1. The plaintiff's main claim is dismissed.

2. As to the real estate listed in the separate sheet between the Defendant and B, November 2014.

Reasons

1. The content of the distribution schedule 0: The debtor and owner of E-building 302 (hereinafter referred to as “instant housing”) located in Guro-gu Seoul Metropolitan Government and the owner of E-building 302: In the case of the application for the auction of the auction of the auction of the real estate in this Court C in progress upon the plaintiff’s application regarding the housing in this case B 0, this court shall distribute the amount of KRW 130,460,440 on March 11, 2016 to the defendant in the first order on the ground that he is the largest priority tenant, and then distribute all public charges and taxes to the government office in the second or fourth order, and then distribute all public charges and taxes to the defendant in the second or fourth order, and the plaintiff shall be present on the distribution date and raise an objection to the total amount of dividends against the defendant.

2. Summary of the Plaintiff’s assertion

(a) The most lessee due to false representation in collusion: Dismissal (the details of self-taxation shall be examined in paragraph (3) below); and

(b) Revocation of fraudulent act: citement (to examine the contents of the taxation below 4.4.)

3. The primary claim - Judgment on the argument of "the head of household tenant": rejected.

A. The plaintiff's assertion is the most lessee who in collusion with B, the owner of the above house, for the purpose of receiving dividends equivalent to the small amount of deposit under the Housing Lease Protection Act at the time of auction of the housing of this case.

B. Under the Housing Lease Protection Act, the legislative purpose of the Housing Lease Protection Act is to ensure stability in the residential life of citizens by prescribing special cases concerning residential buildings (Article 1). Article 8(1) of the Housing Lease Protection Act provides that the lessee may be paid a specified amount of the deposit in preference to other secured creditors. In the case of small-sum lessee, even if the deposit is small-sum lessee, the deposit is larger than that of the other secured creditors. Thus, even if the status of the other secured creditors is harmed, the deposit is recovered.