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(영문) 수원지방법원안산지원 2013.09.25 2013가단15524

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion

A. The Plaintiff’s assertion 1) C obtained a loan from the Plaintiff on March 12, 2008, and owned by the Plaintiff on his/her own real estate (No. 201, No. 135, No. 201, No. 135, Jun. 2, 2008, hereinafter “instant building”).

(2) On April 24, 2013, the Defendant asserted that one column of the instant building was the lessee of a small amount of money leased KRW 30 million among the instant building, and subsequently, a distribution schedule was formulated to distribute KRW 12 million to the Plaintiff as the obligee and the mortgagee of a small amount of money in the order of 304,216,792 in the order of priority as the obligee and the mortgagee of a small amount of money.

3) There is no evidence that the Defendant actually paid KRW 30 million to the Plaintiff. Since February 14, 2012, C had already been in arrears with the principal and interest of the loan to the Plaintiff from around February 14, 201, the Defendant was the most lessee even though the Defendant concluded a lease contract on or around November 10, 201, but filed a move-in report only on March 8, 2012, and thus, the Defendant is merely the most lessee. Therefore, the amount of dividends to the Defendant should be distributed to the Plaintiff. (B) The Defendant’s assertion 1) the instant building was discovered while seeking a house to enter the workplace, and the instant building was leased from C to around November 10, 201, and the lease deposit was paid in full.

In addition, the defendant has continued to reside in the building in this case after receiving the fixed date on March 7, 2012 and closing the move-in report until March 8, 2012.

2. Ultimately, the defendant is a legitimate small lessee of the building of this case, and the right to receive the top priority dividends as guaranteed by the Housing Lease Protection Act.