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(영문) 인천지방법원 2014.05.28 2013가단48745
사해행위취소등
Text

1. Of the dividend table prepared by the said court on June 5, 2013 in the Incheon District Court B’s auction of real estate, it is against the Plaintiff.

Reasons

1. Facts of recognition;

A. In order to secure the loan of KRW 80 million to C on October 17, 2011, the Plaintiff completed the registration of the establishment of a mortgage over KRW 100,000,000 on October 17, 201 with respect to the first floor of the Nam-gu Incheon Metropolitan Government Do Do 102 (hereinafter “the loan of this case”) under C (hereinafter “the loan of this case”).

B. On November 17, 201, the Defendant drafted a lease agreement (hereinafter “instant lease agreement”) with C on a fixed lease term of KRW 23,50,000 and the lease term of KRW 23,50,000 from December 3, 201 to December 2, 2013 (hereinafter “instant lease agreement”).

C. After December 5, 201, the Defendant completed the move-in report with the instant loan address and received the fixed date.

On the other hand, the Plaintiff filed an application for voluntary auction on the loan of this case, and accordingly, on April 26, 2012, the auction on real estate was commenced. The Defendant reported the right as a lessee in the above auction procedure and made a demand for distribution.

E. On June 5, 2013, the aforementioned court: (a) distributed KRW 22,00,000 to the Defendant in the first priority repayment as stipulated under Article 8(1) of the Housing Lease Protection Act; (b) drafted a distribution schedule that distributes the remaining amount of the pertinent tax to the Plaintiff in the Nam-gu Incheon; and (c) the Plaintiff raised an objection against the total amount of the dividends to the Defendant on the said distribution date.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. The Plaintiff asserted that the parties concerned are selectively the most lessee who did not actually pay the lease deposit, or the instant lease agreement between the Defendant and C is a fraudulent act, and thus, the Plaintiff seeks revision of the distribution schedule to the effect that all the amount of dividends to the Defendant is distributed to the Plaintiff as the revocation of the said lease agreement and its restitution.

As to this, the defendant shall raise an objection.

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