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(영문) 춘천지방법원 강릉지원 2018.12.11 2018가단3904
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The distribution schedule stated in the Plaintiff’s assertion (hereinafter “instant distribution schedule”) was prepared on the premise that the Defendant is a small lessee under the Housing Lease Protection Act, on the condition that the Defendant is a small lessee under the Housing Lease Protection Act, that the Defendant distributes the amount of KRW 14 million to the Defendant prior to the mortgagee. However, the Defendant’s conclusion of a lease agreement with D constitutes a fraudulent act detrimental to the Plaintiff, which constitutes a senior mortgagee, and thus, ought to be revised to distribute the said amount of KRW 14 million to the Plaintiff.

2. According to the evidence evidence Nos. 2 and 5, D purchased the E building Nos. 422 at the same time on July 25, 2012 (hereinafter “instant real estate”); on February 11, 2014, when the Defendant leases the instant real estate with a deposit of KRW 30 million, the Defendant already recognized that the right to lease the instant real estate was set at a maximum amount of KRW 48,100,000,000,000 to the maximum amount of debt and KRW 8,000,000,000,000,000 won in the future of the Plaintiff; on April 13, 2017, the Gangnam Agricultural Cooperative attached the instant real estate with a claim amount of KRW 9,175,808,000,000,000 as the maximum amount of debt set at each of the instant real estate at the time of the establishment of the right to lease the said real estate; and the Defendant’s right to lease the instant real estate was established in excess of KRW 17,7.

However, comprehensively taking account of the respective descriptions and the purport of the entire pleadings in Section B-1 through 8, the Defendant paid the lease deposit of KRW 30 million to the lessor on February 11, 2014, and KRW 27 million on March 18, 2014, and the remainder of KRW 20 million on March 18, 2014, and the Defendant actually paid the lease deposit of KRW 30 million to the lessor. The instant real estate on March 24, 2014, together with three family members.

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