beta
(영문) 서울북부지방법원 2015.07.24 2015가단6033

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, as a ground for objection to the instant objection, asserts that on May 11, 1999, the Plaintiff paid the lease deposit to D while leasing the leased deposit for multi-family multi-family housing in Dongdaemun-gu Seoul with KRW 120,000,000, and received a fixed date date after completing the move-in report. On October 31, 2008, the Plaintiff extended the lease deposit to KRW 150,000 and paid the lease deposit corresponding to the difference to KRW 150,000 upon renewal of the lease contract, and thereafter, the Plaintiff acquired the opposing power and preferential repayment right by obtaining the fixed date at the new lease agreement on August 29, 201, and filed a correction of the said distribution schedule by omitting the Plaintiff, the creditor, who is to receive preferential dividends than the Defendant in the distribution procedure in the said voluntary auction case.

2. We examine the plaintiff's statements in Gap 3-1 and 3-2, which are the documents supporting the plaintiff's claim of this case, are hard to believe them as they are in light of the statements in Eul 1-9, 1-17, 2-14, 3-13, 4-15, and 9-1, which are documents supporting the plaintiff's claim of this case. The plaintiff's statements in Gap 4 and 8 and some testimonys in witness F are insufficient to recognize them, and there is no other evidence to acknowledge them, the plaintiff's above assertion cannot be accepted.

3. Ultimately, as evidence is still insufficient, the Plaintiff’s objection to the distribution of this case is not accepted.