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(영문) 인천지방법원 2016.03.22 2015가단51264
배당이의의 소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On July 14, 201, the Plaintiff leased KRW 32,00,000 to C, and completed the registration of the Incheon District Court as to “No. 213, Dong 40, Dong 40 (hereinafter “instant real estate”) owned by C, in order to secure the loan claim, the Plaintiff registered the establishment of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

B. On September 26, 2014, the first secured mortgage-backed securitization company, the first secured mortgage-backed securitization company of the instant real estate, applied for a voluntary auction of the instant real estate to the court B, based on the right to collateral security, and this court rendered a voluntary decision to commence the auction on September 26, 2014.

(hereinafter referred to as “instant auction procedure”)

On December 4, 2014, the Defendant asserted that he was a lessee who entered into a lease contract of KRW 27,000,000 with C on May 7, 2014 with respect to the instant real estate during the instant auction procedure (hereinafter “instant lease contract”), and filed a report on the right and demand for distribution.

On August 31, 2015, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 22,00,000 to the Defendant, who demanded a distribution of KRW 22,00,00 to a small lessee on the date of distribution, KRW 1,182,060, and KRW 185,40,000 to the Incheon Nam-gu, the holder of the right to deliver (the pertinent tax), and KRW 185,40,00, and KRW 16,162,234 to the Plaintiff, the holder of the second secured mortgage, who was the second secured mortgage, in the order of priority.

E. On September 4, 2015, the Plaintiff raised an objection to the entire amount of distribution to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on September 4, 2015.

Grounds for Recognition: Facts without dispute, entry in Gap evidence 1 to 5, respectively;

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