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(영문) 창원지방법원밀양지원 2015.01.14 2014가단2626
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The auction procedure for real estate auction was initiated in the Changwon District Court D (Dual E) with respect to G land and buildings in the Changwon District Court in the fast-up of the F-owned land;

B. The Plaintiff reported the right as a lessee and made a demand for distribution.

C. On July 3, 2014, the executing court distributed to the Defendant C the amount of KRW 8,520,330, and KRW 7,514,789, among the amount to be actually distributed on July 3, 2014, and drafted a distribution schedule that does not distribute to the Plaintiff. D.

The Plaintiff appeared on the date of the above distribution, and raised an objection against the dividend amount to the Defendants, and filed the instant lawsuit.

[Ground of certification] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. The Plaintiff asserts that, between F and F on March 23, 2012, the distribution schedule should be revised because the said building was excluded from dividends even though it had resided after the moving-in report was completed.

On the sole basis of the evidence Nos. 1 and 4, the plaintiff leased and resides in the above building from F.

It is insufficient to recognize that the Plaintiff paid KRW 5,000,000 to F as the lease deposit, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this premise is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.

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