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(영문) 수원지방법원여주지원 2015.09.24 2015가단5042

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on April 29, 2013, on September 15, 2008 with respect to a building with a 165 square meters and its ground (hereinafter “instant real estate”) located in Gyeonggi-gu, Gyeonggi-do.

B. (1) The Defendant filed an application for a compulsory auction as to the instant real estate B with Suwon District Court in order to collect a claim based on the original copy of the executory judgment against C (the amount of claim: KRW 4363,00,000 and damages for delay thereof) with respect to the executory judgment against C, and the said court rendered a ruling to commence the auction on June 30, 2014, and the registration of the ruling to commence the auction was completed on June 30, 2014.

On the other hand, with respect to the above auction case, the court of execution designated the completion period to demand a distribution on October 6, 2014, and publicly announced it.

(2) On October 6, 2014, the court of execution of the instant auction case submitted a report on the right and a request for distribution as follows.

On April 30, 201, the date of transfer from April 30, 2013 to April 30, 201 (the date of transfer to resident registration) 4 from April 30, 2013 to April 30, 201, when the period of possession (the date of transfer to resident registration) of 35 million won for the part of 1 leased (the first floor room 3 square) of the part of 1 leased (the date of transfer to the first floor) was six (the date of November 6, 2014), which was April 30, 2013 as the date of the contract with the lessor C, Plaintiff 8 occupied by the Plaintiff (the date of delivery to the house).

On May 27, 2015, a court of execution prepared a distribution schedule containing the distribution of KRW 32,609,913 (the dividend order: KRW 5,609,913 (the applicant creditor, the reasons: the amount of claims: KRW 4363,00) against the Defendant (hereinafter “instant distribution schedule”). On the date of distribution, the Plaintiff appeared on the date of distribution and raised an objection against the whole amount of dividends against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, 2-12, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion (i) On April 30, 2013, the Plaintiff set the lease deposit amount of KRW 4.5 million from C, and the term of lease from April 30, 2013 to April 30, 2015.