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(영문) 인천지방법원 2015.01.20 2014나52124

배당이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 6, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C by setting the lease deposit amount of KRW 50,000,000, and the term of lease from July 15, 2012 to July 5, 2014 (hereinafter “instant lease agreement”).

B. On July 16, 2012, the Defendant and the Defendant’s Asia completed a move-in report on the instant apartment on July 16, 2012, and obtained a fixed date in the instant lease agreement.

C. On the other hand, C extended KRW 326,60,000 from the National Bank of Korea (hereinafter “National Bank”) on April 1, 2011 and extended KRW 326,60,000 to the same month.

4. To secure the above loan obligations, the establishment registration of a mortgage over the apartment of this case was completed to the National Bank with the maximum debt amount of KRW 391,920,000.

(hereinafter “instant collateral security”). D.

After that, on October 4, 2012, the National Bank applied for the auction of the real estate in relation to the apartment of this case to the Busan District Court Sub-Support B, and the same month.

5. Voluntary auction procedure was initiated regarding the apartment of this case

(hereinafter “instant auction procedure”). (e)

During the instant auction procedure, the Plaintiff was transferred from the National Bank to C the instant mortgage claim against the National Bank.

F. In the instant auction procedure on December 20, 2012, the Defendant reported the claim for return of deposit for lease amounting to 50,000,000 based on the instant lease agreement, and the auction court, on August 20, 2013, prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who is a lessee of small claims, distributes the amount of KRW 19,000,000 to the Plaintiff, who is the mortgagee, in the first order among KRW 342,636,79, the amount to be actually distributed on the date of distribution, and KRW 322,910,979, who is the mortgagee, in the third order.

G. The Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection against the whole amount of the said dividend to the Defendant, and thereafter filed the instant lawsuit on August 26, 2013, which was seven days thereafter.