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(영문) 서울서부지방법원 2017.01.10 2015가단214120
배당이의
Text

1. The Seoul Western District Court B’s distribution schedule prepared on March 31, 2015 with respect to the auction case of real estate B.

Reasons

1. Basic facts

A. On April 12, 2012, the Plaintiff entered into a credit transaction agreement with C as KRW 269,000,000, and lent KRW 205,078,90 to C.

The Plaintiff completed the registration of the establishment of a neighboring mortgage as of April 12, 102, the Yongsan-gu Seoul Western District Court No. 11450, Yongsan-gu, Seoul, with the maximum debt amount of KRW 349,700,000, to the apartment (hereinafter “the apartment of this case”) owned by Yongsan-gu, Seoul, Seoul, with the maximum debt amount of KRW 102,180,00.

B. On April 18, 2014, the Defendant entered into a contract to lease the instant apartment from C with a deposit of KRW 35,000,000, and the lease period of KRW 5,000 from May 9, 2014 to May 8, 2016 (hereinafter “instant lease contract”) and obtained a fixed date on May 8, 2014.

C. On July 2, 2014, Hong Kong, a creditor of the instant apartment, filed an application for voluntary auction with the Seoul Western District Court B regarding the instant apartment on July 2, 2014. On September 17, 2014, the Defendant filed an application for a report on the right and a request for distribution at the said auction procedure.

On March 31, 2015, the Seoul Western District Court prepared a distribution schedule that distributes the amount of KRW 25,000,000 among the apartment sale proceeds of the instant apartment to the Defendant of small lessee (hereinafter “instant distribution schedule”), and the Plaintiff raised an objection thereto.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2-3, Gap evidence 4, Gap evidence 9-1, 2, Gap evidence 10, Gap evidence 11, and the purport of the whole pleadings

2. The lease contract of this case between C and the defendant is null and void because it constitutes a false declaration of conspiracy. Thus, the amount of 25,00,000 won out of the distribution schedule of this case against the defendant should be adjusted to 0, and the amount of 63,921,00 won against the plaintiff should be adjusted to 88,921,10 won, respectively.

Preliminaryly, C is able to receive a priority deposit against the Defendant with respect to the instant apartment in excess of the debt.

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