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(영문) 울산지방법원 2015.10.14 2014나11802
배당이의
Text

1. The part against Defendant B in the judgment of the first instance shall be modified as follows:

Ulsan District Court D. D.

Reasons

1. Determination on the claim against Defendant B

A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 2, 2, 3, 7-1, 2, and 2.

(1) On September 27, 1999, the Plaintiff entered into a lease agreement between Defendant B and Defendant B on the first floor of which deposit is KRW 10,000,00, and rent is borne by Defendant B on behalf of the Plaintiff’s educational insurance and the interest on a loan to agricultural cooperatives. At that time, the Plaintiff handed over the first floor of the instant building to Defendant B.

(2) On February 10, 200, the Plaintiff agreed to change the rent of KRW 1,100,000 between the above lease contract and the Defendant B from February 10, 200 to February 10, 202.

(3) On March 20, 2014, the above court deemed Defendant B as a small lessee and distributed KRW 10,000,000 to Defendant B in preference, and distributed KRW 33,643,458 to the Plaintiff.

(4) On March 26, 2014, the Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the total amount of dividends of Defendant B.

B. The Plaintiff asserts that the Plaintiff received only KRW 5,00,000 out of the lease deposit from Defendant B, and Defendant B paid KRW 10,000,000 to the Plaintiff in full.

The following circumstances, i.e., the Plaintiff’s 5,00,00 won out of the lease deposit from Defendant B on September 7, 1999.

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