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(영문) 의정부지방법원 2015.02.11 2014나9190

배당이의

Text

1. Revocation of a judgment of the first instance;

2. As to the case of the voluntary auction of real estate C by the District Court, the same court shall decide on March 2013.

Reasons

1. Basic facts

A. On March 19, 2013, on the basis of the right to collateral security established with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) on March 24, 2010 in order to secure financial claims against B, the auction procedure for the instant apartment was commenced on March 19, 2013.

B. In the aforementioned voluntary auction procedure, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the instant apartment between B, 277,884,662 as a mortgagee (i.e., principal amount of KRW 244,019,987; KRW 33,864,675; and the Defendant recognized the lease deposit amount of KRW 24,00,000 as a lessee between B, and the lease deposit period of KRW 4,00 as between March 4, 2013 and March 3, 2015; and the small lessee who completed the move-in report as the instant apartment on February 25, 2013 as a lessee of KRW 24,00,000 as the amount of each claim; the auction court recognized the amount of KRW 24,00,000 as the dividend amount of KRW 20,000 as the Defendant under the Housing Lease Protection Act (hereinafter “Defendant 20,000”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, and 10 evidence (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the lease contract of this case was concluded with the knowledge that it would prejudice the plaintiff, who is the senior security interest, and that the defendant does not constitute the tenant who is the most lessee or the tenant who intends to protect the tenant system of small amount, and sought correction of the distribution schedule of this case by paying dividends to the plaintiff who is distributed to the defendant as the small lessee, while selectively, the lease contract of this case is a fraudulent act even if the defendant is a small lessee, and the plaintiff is a malicious beneficiary.