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(영문) 인천지방법원 2014.12.18 2014가단13258
배당이의
Text

1. Of the dividend table prepared on February 19, 2014 by the above court with respect to the auction of the real estate B in Incheon District Court.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on October 26, 2006 with respect to the D Apartment No. 101, 1604, Jung-gu, Incheon (hereinafter “instant apartment”).

B. On September 16, 201, C created a right to collateral security of KRW 194,400,000 with respect to the instant apartment and to collateral security of KRW 74,100,000 with respect to the Defendant, and on September 16, 2011, C created a right to collateral security of KRW 74,100,000 with respect to the instant apartment.

C. On October 12, 2012, the registration of provisional attachment was completed in the amount of KRW 30,000,000 for the instant apartment.

On March 19, 2013, regarding the apartment of this case, the decision of voluntary auction was rendered to the Incheon District Court B upon the defendant's application.

E. In the auction procedure stipulated in the foregoing paragraph (d), the Defendant asserted that he/she is a small lessee and filed an application for a report on rights and a demand for distribution, and on February 19, 2014, the distribution schedule was formulated to distribute KRW 162,869,717 to the Defendant and KRW 0 to the Plaintiff.

F. On the same day, the Plaintiff stated an objection against KRW 22,00,000 out of the Defendant’s dividend amount.

[Ground of recognition] Facts without dispute, evidence A1 through 6, purport of whole pleadings

2. Determination as to the cause of claim

A. The main purport of the parties’ assertion is that the Plaintiff is a small lessee who entered into and resided in a lease agreement with the lessor C with respect to the apartment of this case, and the distribution schedule should be revised by reducing the amount of 22,000,000 won from the amount of dividends against the Defendant in the above distribution schedule and distributing the amount of 22,00,000 won to the Plaintiff.

The defendant asserts that the plaintiff is the most lessee who prepared a lease contract, etc. to receive dividends in the auction procedure.

B. Therefore, according to the statements in the evidence Nos. 1 and 12, the Plaintiff entered into a lease contract with C around November 30, 2012 on a deposit basis for the apartment of this case with C and KRW 26,000,000, and around that time, paid C the said deposit amount of KRW 26,000,000 and was handed over the apartment of this case, and the Plaintiff was handed over on December 2, 2012.

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