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(영문) 서울중앙지방법원 2015.10.08 2014가단5307841

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 September 15, 2009, the Plaintiff entered into a lease agreement with F by setting the lease deposit amount of KRW 200 million and the lease term from October 15, 2009 to October 14, 201 with respect to the Seocho-gu Seoul Metropolitan Government Housing (hereinafter “instant 101”) among the Seo-gu G 101, and after completing the move-in report on resident registration on October 22, 2009, the Plaintiff received the delivery of the said Seo-gu Housing and obtained the fixed date on the same day.

B. Around October 20, 201, the Defendant, the H’s mother, entered into a lease agreement with F to set the lease agreement between F and the Dong-type housing (hereinafter “Dong-type housing” in subparagraph 101 of Gangnam-gu Seoul Metropolitan Government G by setting the lease term of KRW 2.5 million and the lease term from October 20, 201 to October 19, 201, and completed the move-in report on resident registration on October 24, 201, and obtained the fixed date on October 21, 201.

C. On the other hand, H entered into a lease contract with F on July 3, 2008 by setting the lease term of KRW 190,000,000 for the entire house No. 101 and two years for the lease term, and H completed the moving-in report on resident registration on November 8, 2007 with the delivery of the above house, and obtained a fixed date on July 10, 2008.

(H) Around October 2007, the first lease contract was concluded, and thereafter the lease contract was concluded again by increasing the lease deposit.

The auction procedure was conducted regarding the above G multi-household housing including each of the instant housing in Seoul Central District Court C, D, and E, and the auction court recognized the Defendant as having succeeded to the status of H’s tenant, and distributed KRW 190 million to the Defendant, 146,018,560 to the Plaintiff, by recognizing the Defendant as having priority over the Plaintiff.

Accordingly, on October 30, 2014, the Plaintiff raised an objection against KRW 53,981,440 among the above dividends against the Defendant on the date of distribution opened.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 7, 8, and Eul 1, each entry, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the same as the defendant of this case 101.