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(영문) 대전지방법원 2016.04.05 2014가단33076

배당이의

Text

1. Of the distribution schedule prepared on August 13, 2014 by the said court with respect to the Daejeon District Court C’s auction of real estate.

Reasons

1. Basic facts

A. On February 14, 2012, D Co., Ltd. completed the registration of creation of a mortgage over the maximum debt amount of KRW 300,000,000 with respect to the Seo-gu Daejeon Building 601 (hereinafter “instant house”) owned by E, and the Plaintiff completed the registration of transfer of the said right on March 9, 2012.

B. On August 9, 2013, the Plaintiff filed an application for voluntary auction regarding the instant housing, and the Daejeon District Court C voluntarily rendered a decision to commence the auction.

C. On September 19, 2013, the Defendant submitted a report on the right to lease deposit and an application for a demand for distribution with respect to the fact that the instant house was leased at KRW 20,000,000,000 for the said auction procedure.

The instant housing was sold to G in the above auction procedure on June 18, 2014.

E. On August 13, 2014, the executing court: (a) distributed KRW 19,00,000, out of KRW 227,535,519, the amount to be actually distributed to the Defendant as the deposit for small lessee; and (b) drafted a distribution schedule with the content that distributes the remainder of KRW 208,535,519 to the Plaintiff (hereinafter “instant distribution schedule”).

F. On August 13, 2014, H attended on the date of distribution, and stated an objection against the whole amount distributed by the Defendant, and filed a lawsuit of demurrer against distribution on August 19, 2014.

[Based on recognition] The items of evidence No. 1, A3, A6, A7, and the purport of the whole pleadings

2. Whether the person is the most lessee;

A. The plaintiff asserts that the defendant is the most lessee who entered into a false lease agreement with a view to receiving a small amount of deposit with the highest priority repayment right in the auction procedure, and there is no right to receive dividends.

As to this, the defendant asserts that he is the genuine lessee who has entered into a lease contract with E agent, and paid the deposit, and resided in the house of this case.

B. 1) The I lending the name of Ma, a penal E, to the J Co., Ltd. (hereinafter “J”).

E-W after purchasing the instant house.