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(영문) 부산지방법원동부지원 2015.02.11 2014가단200628

배당이의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff asserted that (1) around March 23, 2013, the defendant, without brokerage of a licensed real estate agent, directly leased the real estate in this case (No. 4) from C as a small amount deposit repaid as the top priority pursuant to Article 8 of the Housing Lease Protection Act, and paid the deposit to a third party, not C; (2) transfer the real estate in this case into five days after the above lease; (3) the maximum amount of the claim was set up in excess of the market price of the real estate in this case; and (4) there was a decision of voluntary decision of commencement of auction on the real estate in this case only nine days after the lease; and (2) conclusion of a small amount lease agreement with the defendant in which the debtor received the top priority repayment pursuant to Article 8 of the Housing Lease Protection Act with respect to the real estate in excess of debt amount is a fraudulent act; and (4) the distribution schedule should be corrected to delete all the amount distributed to the defendant and distribute the amount to the plaintiff.

2. Facts of recognition;

A. C purchased the instant real estate in KRW 315,00,000 on June 26, 2008 and completed the registration of ownership transfer on the 27th of the same month.

B. On March 23, 2013, the Defendant directly leased the instant real estate in the monthly rent of KRW 500,000,000,000,000,000 for KRW 60,000,000,000,000,000,000,000,000,000 won and KRW 13,000,000,000,000,000,000,000,000 won and KRW 384,000,000,000,000,000 won and KRW 13,00,000,00,000,000,00 won and KRW 384,00,00,00,00

Upon request of C, the Defendant paid F KRW 15 million out of the above lease deposit, and made a move-in report to the instant real estate on March 28, 2013 and made the move-in report on March 28, 2013.