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(영문) 수원지방법원 2016.07.13 2016가단511357
배당이의
Text

1. Of the distribution schedule prepared on March 29, 2016 by the said court with respect to the Suwon District Court B’s auction of real estate.

Reasons

1. Indication of claim;

A. In the procedure for the auction of real estate rent for C 301, the Plaintiff demanded a person having chonsegwon to demand a distribution of KRW 100 million as the deposit amount to the person having chonsegwon, and the Defendant, who is an obligor of the said real estate and concurrently owns the right to lease on a deposit basis, made a demand for distribution as

B. On the date of distribution implemented on March 29, 2016, the Defendant received the distribution of KRW 83,000,000 on the basis of chonsegwon established falsely, and the Plaintiff received the distribution of KRW 13,619,371.

C. The contract to establish a right of lease on a deposit basis that the Defendant voluntarily concluded is null and void.

Therefore, since the above distribution schedule that deemed the Defendant as the person having a right to lease is unlawful, the amount of KRW 83,00,000 against the Defendant under the above distribution schedule should be revised to KRW 0,00,00, and KRW 13,619,371 to the Plaintiff should be revised to KRW 96,619,371.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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