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(영문) 인천지방법원부천지원 2017.09.27 2017가단102848
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 14, 2013, the Plaintiff leased 302 Emba-dong 302 from L to Kimpo-si (hereinafter “instant building”) from L to 12 million won as lease deposit and 24 months as lease deposit, and completed the move-in report on the building and resided therein.

In addition, the Plaintiff lent 2 million won to L on April 24, 2013.

B. After that, in the auction procedure of a real estate auction (Jacheon District Court Branch N) conducted on the entire real estate including the instant building, the Plaintiff demanded a distribution from March 17, 2016, when the completion period to demand a distribution was past, and accordingly, the Plaintiff was excluded from the dividends in the distribution procedure conducted on April 1, 2016, and KRW 50,507,260 was distributed to the debtor and the owner L as a surplus.

C. On the other hand, around March 28, 2016, the Plaintiff received a decision on the provisional seizure of claims against LA’s dividends in the sum of KRW 12 million, and KRW 2 million, as the claim amount, around March 28, 2016 (Seoul District Court 2016Kadan575).

Of the above KRW 50,507,260, KRW 13,224,655, which was distributed to L, 13,224,65, an objection against distribution was raised by a third party, and other claims of the Plaintiff and the Defendants were deposited on April 12, 2016 on the grounds that the claims of the Plaintiff and the Defendants conflict.

Jincheon District Court Decision 2010No. 898 e., 2016

In February 22, 2017, the distribution of the same content as the attached Form was made to the Plaintiff and the Defendants in the Incheon District Court’s Busan District Court’s Branch distribution procedure (hereinafter in this case’s distribution procedure).

F. On the date of distribution, the Plaintiff raised an objection against each of the Defendants’ dividend amounts, and filed a lawsuit of demurrer against distribution on February 28, 2017.

[Ground of recognition] Facts without dispute, Gap's 1 through 5, 7, 8, 6-1, 2's statements and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion during the instant dividend proceeding is 12 million won against the Plaintiff, who is a lessee of small claims.

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