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(영문) 수원지방법원 2014.09.23 2014가단3197

배당이의

Text

1. The plaintiff's main claim is dismissed.

2. As to the real estate stated in the separate sheet between the defendant and the non-party B.

Reasons

1. Basic facts

A. On April 7, 2008, the Plaintiff completed the registration of the establishment of a neighboring apartment as indicated in the separate sheet (hereinafter “instant apartment”) owned by B, with respect to the apartment as indicated in the separate sheet (hereinafter “instant apartment”), the maximum debt amount of KRW 271,70,000, and the debtor B’s establishment.

B. On October 9, 2012, the Defendant: (a) concluded a lease agreement with B and the instant apartment; (b) concluded between November 14, 2012 and November 13, 2014, stipulating that the lease deposit is KRW 20,000,000 per month; and (c) from November 14, 2012 to November 13, 2014, KRW 2,000,000 is to be paid respectively at the time of the contract; and (d) concluded a lease agreement with the instant apartment as its address after obtaining a fixed date on November 27, 2012.

C. Around June 2013, the Plaintiff filed an application for voluntary auction with the Suwon District Court C with respect to the instant apartment, and the registration of the decision on voluntary auction was completed on June 19, 2013, and the Defendant filed an application for a report on the right and a request for distribution with the said auction court around July 8, 2013.

In the above auction procedure, the apartment house of this case was sold at KRW 215,650,00. The above auction court determined the amount to be actually distributed around January 9, 2014, which was the date of distribution as KRW 212,392,196, and among them, KRW 12,00,000 among them was distributed to the defendant as the lessee of the smallest amount having priority as the holder of the first distribution, and the defendant, as the lessee of the small amount having priority to pay KRW 19,720, and the remaining KRW 200,192,476, as the applicant creditor of the third priority to pay the amount of credit to the plaintiff who reported the amount of KRW 264,836,129.

E. The Plaintiff appeared on the aforementioned date of distribution and raised an objection against the full amount of the Defendant’s dividend, and thereafter filed the instant lawsuit on January 14, 2014, which was within one week thereafter.

F. Meanwhile, the market price of the instant apartment around October 9, 2012 is approximately KRW 226,00,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1 to 3, Gap evidence 8-1, and the purport of whole pleadings

2. The primary description;