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(영문) 인천지방법원 2017.06.14 2017나53456

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 30, 2012, the Plaintiff’s mother F entered into a lease agreement that sets forth and leases KRW 70 million from September 8, 2012 to September 8, 2013, the Plaintiff’s mother F, as the Plaintiff’s agent, KRW 308 (hereinafter “instant building”). At the time, the Plaintiff signed the contract on the F’s agent’s behalf.

On March 25, 2013, the fixed date was terminated on the above lease agreement, and the Plaintiff filed a move-in report on the instant building on September 10, 2012.

B. On August 1, 2013, the Incheon District Court rendered a decision to commence compulsory sale of the instant building under Article 81834 (hereinafter “the first auction procedure”). On March 6, 2015, ownership was transferred by selling the instant building to D Co., Ltd. on the same day. On the same day, the registration of creation of a neighboring mortgage with the obligee, the maximum debt amount of KRW 70 million was completed. (c) On September 1, 2013, the Plaintiff was denied a demand for distribution on the ground that, in the first auction procedure on September 1, 2013, the Plaintiff filed a report on rights and a request for demand for distribution, but is not the nominal owner of the lease agreement, and the Plaintiff did not have the right to demand preferential payment under the Housing Lease Protection Act. (D) The Plaintiff filed a lawsuit against G and H for a decision to voluntarily grant the lease deposit against the Plaintiff and the Plaintiff on April 25, 201, the Plaintiff received a decision to voluntarily grant KRW 30,500,00.

F. The Plaintiff on May 23, 2015.