(영문) 인천지방법원부천지원 2015.01.27 2014가단11910

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(영문) 인천지방법원부천지원 2015.01.27 2014가단11910

배당이의 등

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1. It was drawn up by the above court on March 26, 2014 with respect to the auction case of the real estate B in Incheon District Court Branch B.

Reasons

1. Basic facts

A. On April 1, 2009, the Plaintiff completed the registration of creation of a mortgage with regard to the instant real property with the debtor D, the mortgagee, the plaintiff, and the maximum debt amount of KRW 114.4 million. Around that time, the Plaintiff lent KRW 88 million to D around the above time.

B. Meanwhile, between D and April 1, 2009, the deceased C (hereinafter “the deceased”) entered into a lease agreement with respect to the instant real estate as stipulated in the lease deposit amount of KRW 30 million and the lease term from April 1, 2009 to April 1, 2010 (hereinafter “instant lease agreement”), and completed the move-in report on the said real estate on April 26, 201 and obtained a fixed date on October 19, 201.

C. D’s failure to pay the above loan obligation against the Plaintiff, the Plaintiff filed an application for voluntary auction on the instant real estate with the Incheon District Court Branch Branch B, based on the foregoing collateral security (hereinafter “instant voluntary auction procedure”) and started on August 14, 2013.

In the instant voluntary auction procedure, the Plaintiff submitted a claim statement against the sum of the principal and interest of KRW 98,833,791, and the Deceased reported the rights to KRW 30 million for the said lease deposit and demanded the distribution thereof. On March 26, 2014, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that, in allocating the proceeds from the sale of the said real estate on the date of distribution, the amount of KRW 20 million is preferentially distributed to the Deceased and the Defendant distributes KRW 64,263,525 to the Defendant (hereinafter “instant distribution schedule”).

E. On the date of the foregoing distribution, the Plaintiff raised an objection against KRW 20 million among the dividends of the Deceased, and filed a lawsuit of demurrer against distribution on March 31, 2014, which is within one week thereafter.

F. The defendant is the only heir of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 6 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion (i) the Plaintiff is protected as a small lessee.

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