beta
(영문) 수원지방법원 2018.06.19 2017가단528826

배당이의

Text

1. Of the distribution schedule prepared on August 8, 2017 by the same court with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Basic facts

A. On July 29, 2007, the defendant and the non-party E entered into a lease agreement with respect to the F Building G of Suwon-gu, Suwon-gu, Suwon-si (hereinafter “the instant real estate”).

(40 million won, monthly rent, 300,000 won). (b)

On March 11, 2014, Nonparty H and E, the Defendant’s punishment on the instant real estate, drafted a lease agreement on March 11, 2014.

(B) The term of lease is two years, lease deposit is KRW 40 million, monthly rent is KRW 300,000,000,000. However, there is dispute about the validity of the lease contract under this lease contract). According to the special terms and conditions of the above lease contract, the term "transfer public charges, etc. are settled by the present lessee (the defendant), and the new public charges, etc., newly generated are borne by the lessee (H)."

C. The instant real estate is registered as a resident by H, C, Defendant C, and H’s children I and H’s son.

The Defendant, on August 7, 2007, made a move-in report to the location of the instant real estate on June 4, 2010, but resided in another place after moving into the Suwon-gu K on June 4, 2010, and transferred the instant real estate again to the location of the instant real estate on January 2, 2013.

On December 14, 2016, there was a decision to commence the auction on the instant real estate upon the Plaintiff’s request (U.S. District Court D), and on August 8, 2017, the distribution schedule was prepared as shown in the attached Form. On the given date, the Plaintiff stated that he/she raised an objection against the total amount of dividends of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 11, 12, 14 (including the number of branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The creditor who has the right to preferential reimbursement pursuant to the Civil Act, such as the right to return the lease deposit with the opposing power of the defendant in the relevant legal doctrine, shall demand a distribution in order to participate in the distribution.

The creditor demanding a distribution shall be entitled to receive the distribution only by not later than the completion period for the demand for distribution.

참조조문