beta
(영문) 인천지방법원 2017.02.09 2015가단244905

배당이의

Text

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

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

Reasons

The grounds for the plaintiff's claim are as shown in the attached Form.

It is referred to in paragraph (2) or (3) of the attached Table.

In light of the Plaintiff’s assertion as stated in the separate sheet No. 1 through 9 and the witness D’s testimony alone, it is insufficient to recognize the Plaintiff’s assertion, and there is no other proof of the Plaintiff.

Rather, according to the evidence Nos. 1-1 through 9 of the evidence Nos. 1-1 to 9, it can be acknowledged that the defendant paid the lease deposit and actually occupied for the purpose of residence.

Therefore, the plaintiff's claim for this part is without merit.

The obligee's right of revocation is examined.

In full view of the facts stated in Gap evidence Nos. 1 through 9 (including paper numbers), witness D testimony, the National Court Administration, and the Korea Federation of Banks, the fact-finding results of this court's inquiries, and the overall purport of the arguments in response to financial transaction information by the new bank, the new bank, the Korea Post, and the Seocheon-man post, it may be recognized as listed in paragraph 3

However, in full view of the overall purport of the pleadings in the statement Nos. 1-1 to No. 9 (including the paper number) of No. 1-2, the defendant can be found to have been unaware of the fact that the contract was concluded on June 20, 2014 that the damage to the other creditors of C was caused by the conclusion of the lease contract. The defendant's defense pointing this out is with merit.

Therefore, we cannot accept all of the plaintiff's claims on the grounds of merit.