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(영문) 춘천지방법원원주지원 2019.10.29 2018가단306217

배당이의

Text

1. The original state branch court of the Chuncheon District Court (D) with respect to the auction case of real estate; < Amended by Presidential Decree No. 28905, Sep. 13, 2018>

Reasons

1. Basic facts

A. The Plaintiff received distribution of KRW 119,413,849,49,551 (hereinafter “instant distribution table”) 50,000 (Order 1,914,298), and KRW 2,000 (Order 3 collateral security), which was prepared on September 13, 2018, pursuant to the distribution schedule prepared on September 13, 2018 (hereinafter “instant distribution schedule”), from the case of the auction of real estate (hereinafter “instant auction”) (hereinafter “instant auction”), (i) the Industrial Bank’s right to collateral security and the claim for the decision on provisional seizure against real estate (hereinafter “instant apartment”) from the Seoul Central District Court 2017Kadan81260, Seoul Central District Court 201; and (ii) the Plaintiff received distribution of KRW 1,914,298 (Order 4 collateral security right; 2017Kadan81260).

B. In the instant auction procedure, the Defendant asserted as the lessee of the instant apartment, and filed an application for a report on the right to lease deposit and a demand for distribution, and received a dividend of KRW 20,000,000 (6,000,000,000 as the first priority lessee of the fixed date) from the instant distribution schedule.

C. On the date of the above distribution, the Plaintiff appeared as a creditor, and stated an objection against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer against the Defendant within seven days thereafter.

[Reasons for Recognition] Each entry of Gap evidence 1 to 13 (including each number), the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff should delete the amount of dividends and distribute the amount to the plaintiff, on the grounds that the contract of this case was the most lessee, and the defendant should be revoked as the contract of this case constitutes a fraudulent act detrimental to the general obligee E.

B. According to the statement in the evidence Nos. 7-2 and Nos. 6 through 9, the Defendant set the lease deposit deposit amount of KRW 20,00,000,000, and the lease period from August 3, 2017 to August 2, 2019 with respect to one 11.8 square meters (3.6 square meters) on the left-hand side of the entrance of the apartment of this case, among the apartment of this case, between E and E on August 3, 2017.