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(영문) 대구지방법원 2015.05.29 2014가단36358

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. On July 25, 2004, the Defendant: (a) transferred the lease deposit amount of KRW 23 million (in the event of a contract, an intermediate payment of KRW 10 million shall be paid on July 31, 2004; (b) the remainder of KRW 12.9 million shall be paid on August 31, 2004; and (c) on August 10, 2004, the lease contract was concluded on July 31, 2004 with the period of lease as KRW 10 million to the E company bank account, which is the mortgagee of the instant apartment; and (d) on August 31, 2004, transferred the remainder of KRW 10 million to the above company bank account on August 31, 2004. < Amended by Act No. 7219, Aug. 31, 2004>

(E) On June 19, 1996, the E loaned KRW 25 million to each type C on June 19, 1996, and completed the registration of establishment of a neighboring apartment on September 25, 1997.

On the other hand, the defendant delivered the apartment of this case on August 4, 2004, prepared an occupant card on the same day and submitted it to the D management office. The defendant mainly paid the management expenses of the apartment of this case to the defendant's national bank account except for the case where cash has been paid.

C. The defendant moved to the domicile of the apartment in this case on August 18, 2004, and obtained a fixed date in the lease contract on the same day.

The plaintiff applied for the commencement of compulsory auction on the apartment of this case to Daegu District Court B, and the decision to commence compulsory auction was made on January 9, 2014.

E. On July 31, 2014, the executing court: KRW 80,397,837, which is to be actually distributed after deducting the execution cost from the sale price and interest of the apartment in the instant case; KRW 25,00,000 (Order 1); KRW 15,00,000 (Order 2); KRW 8,924,080 (order 3); KRW 4,664,208; KRW 4,88 (Order 4); KRW 5,124,83 (4); KRW 8,00,00 (4); and KRW 8,93,85 (4); and KRW 10,93,85 (4); and 26,09, 290; and 2.6, 209, 2.6, 2.690