사해행위취소로 인한 배당이의
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On December 24, 2012, through the J Licensed Real Estate Agent Office, Plaintiff A entered into a lease agreement with H as to KRW 304 as to the building indicated in the list of real estate attached Table 1 owned by H (hereinafter “the instant multi-family house”) between H during the lease deposit and KRW 75 million, and the lease term from December 26, 2012 to December 25, 2014.
Plaintiff
B on January 22, 2013, through the J Licensed Real Estate Agent Office, concluded a lease agreement between H with respect to 104 of the instant multi-family house during the period of lease deposit amounting to KRW 60 million and the term of lease from January 26, 2013 to January 25, 2015.
B. H around July 2012, around 2012, delegated to K and M Licensed Real Estate Agent Office run by L the instant multi-family house the authority to conclude the monthly rent contract of the instant multi-family house exclusively.
The Defendants, via M Licensed Real Estate Agent Office, concluded a lease agreement with H on each date indicated in the “Conclusion Date of Contract” List of Attached Lease Agreements (However, Defendant C, D, and E changed the terms of the contract as indicated in the “Modification Date of Contract”; hereinafter “each of the instant lease agreements”) with each lease deposit stated in the “Lease Deposit” column of the same list.
C. When entering into each of the instant lease agreements, the Defendants and H agreed that only the amount within the scope of the right of priority repayment under the Housing Lease Protection Act, among each of the lease deposits agreed upon, shall be paid with priority, and the remainder shall be paid after H resolved all of the collateral security, etc. established in the instant multi-family house.
Accordingly, H received only KRW 20 million out of the lease deposit under each of the instant lease agreements from the Defendants (Defendant E was paid for KRW 24 million) and used the sum of KRW 190 million out of the said money to repay H’s obligations to H N (K and L’s subsidiaries).
On April 22, 2013, concerning the multi-family house in this case, the Suwon District Court (I) is supported by Sungwon District Court (I).