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(영문) 인천지방법원 2015.09.10 2015가단203959

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 2, and 5, taking into account the whole purport of the pleadings:

The plaintiff is the creditor who demanded a distribution in the auction procedure for the enforcement of the security right to the building of this case and E-Ba 301, which is proceeding with the building of this case and the Incheon District Court B (C consolidation) in the auction procedure for the enforcement of the security right to the building of this case and E-Ba 301 as the lessee of the building of this case, and the defendant is the lessee of this case who reported the right and demanded a distribution as the lessee of the building of this case.

B. On January 29, 2015, the executing court prepared a distribution schedule of allocating KRW 48,00,00 to F, the lessee of the building of this case, KRW 21,00,00,00 to F, the lessee of the building of this case, and KRW 37,606,252 to the Incheon Medium Credit Cooperative, the lessee of the building of this case, and KRW 25,671,232 to the Incheon Medium Credit Cooperative, the mortgagee of the building of this case, and KRW 25,671,232, Erara 301, and KRW 10,542,931 to F, the lessee of Era 301, the lessee of this case. The Plaintiff brought a lawsuit within the period of filing the lawsuit of this case.

2. The plaintiff's assertion and judgment

A. In light of the Plaintiff’s assertion that the Defendant did not have any relationship with G, the former owner of the instant building, and that the KRW 12 million transferred to Nonparty H account was not related to the lease deposit, and that the Defendant’s certified copy of D’s resident registration record card that became the heir due to the death of G was recorded as a cohabitant, the Defendant constitutes the most lessee to whom the amount of lease deposit was unfairly distributed by preparing a false lease contract in collusion with D, and thus, the distribution schedule should be revised as stated in the purport of the claim.

B. Relevant legal principles.