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(영문) 수원지방법원성남지원 2014.09.16 2014가단5530

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2011, the Plaintiff completed the registration of the establishment of a multi-family house with the F fourth floor in Gwangju City, which was owned by E (hereinafter “instant real estate”), with respect to the establishment of a multi-family house with the maximum debt amount of 45 million won and the debtor E.

B. In the auction procedure stated in the purport of the claim concerning the instant real estate (hereinafter “instant auction”), the executing court prepared a distribution schedule in order of 508,863,275 won among the amount to be actually distributed on February 13, 2014 (the date of distribution of the instant auction) to G, H, the Defendants, I, and J, in order of 19 million won each on the ground that they are small lessee, and 50,250,000 won each on the ground that they are small lessee, and 50,000 won each on the second order to G, H, the Defendants, I, and J, in order of 5,00,000 won each on the third order of 5,50,000 won and 50,000 won each on the fourth order (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the total amount of dividend distributed by the Defendants. On February 19, 2014, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 4, 8, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that they were placed in disguised transfer to the instant real estate between the father and the father, and not the genuine lessee.

Therefore, each of the 19 million won that the Defendants received as a lessee should be deleted from the instant distribution schedule, and the said money should be distributed to the Plaintiff.

B. The key issue of the instant case is whether a real lease contract for the instant real estate was concluded between the Defendants and E.

The facts without dispute, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 4, Eul evidence 6, and Eul evidence 4, 7, and the overall purport of the pleadings, namely, the following circumstances, which can be known by adding up the whole purport of the pleadings, from November 15, 2012, defendant Eul 1-1 of the real estate of this case from E, 20 million won of lease deposit, monthly rent, 200,000 won of lease deposit, monthly rent, and lease term. < Amended by Presidential Decree No. 23688, Nov. 15, 2012>