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(영문) 인천지방법원 2015.04.15 2014가단25091
배당이의
Text

1. A real estate lease agreement concluded on May 10, 2013 between the Defendant and C regarding the attached list real estate.

Reasons

1. Basic facts

A. The Plaintiff, as a creditor of Nonparty C, carried out provisional attachment No. 2 on the attached list No. 3 (hereinafter “instant building”), and filed a lawsuit on the merits (Seoul Central District Court 2013Kadan65053) against Nonparty C, etc. on October 29, 2013, and received a favorable judgment from the above court to the effect that “C, etc. jointly and severally pay to the Plaintiff KRW 50 million and damages for delay.” The above judgment became final and conclusive around that time.

B. On the other hand, around May 10, 2013, when the lawsuit on the merits was pending with the Plaintiff, C entered into a lease agreement with the Defendant for two years from June 4, 2013 with respect to the instant building (only KRW 25.5 square meters), a deposit of KRW 24 million, and the term of lease. The Defendant entered into the lease agreement with the Defendant on May 13, 2013, and the fixed date on May 13, 2013, respectively.

6. 4. The move-in report shall be completed, respectively; and

C. C immediately after the conclusion of the above lease, delayed payment of the loan interest as indicated below, and the mortgagee 1 of the right to collateral security against the instant building on August 23, 2013 filed an application for voluntary auction (this Court D) with regard to the instant building.

On the date of distribution implemented on July 25, 2014, the execution court distributed 20 million won to the defendant who applied for a demand for distribution as a small lessee.

(The plaintiff appeared on the date of the above distribution and raised an objection to the whole amount of the defendant's dividends).

The details of various limited real rights or provisional seizure on the building of this case, which had been completed before and after the lease, exceed KRW 200 million (20 million as of September 9, 2013; as of September 9, 2013; according to the inquiry of the actual transaction prices submitted by the Defendant, according to the inquiry by the Defendant, C was delinquent in value-added tax, etc., and C was in arrears with the creditor of the secured real right (amount of claim in the case of seizure) on the date of establishment of the order of the creditor of the secured real right (amount of claim in the case of seizure) 108-11-20 on the date of the confirmation of the property available for compulsory execution to him other than the above building.

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