(영문) 인천지방법원 2015.04.30 2014가단255632

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(영문) 인천지방법원 2015.04.30 2014가단255632

배당이의

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On May 12, 2011, the Plaintiff loaned KRW 100 million to C, and completed the registration of the establishment of the mortgage over the instant housing as security, with regard to the instant housing, KRW 130 million.

B. On February 23, 2013, the Defendant entered into a contract with C to lease the instant house with a deposit of KRW 22 million, term of lease from March 2, 2013 to March 1, 2014 (hereinafter “instant lease contract”), and completed a move-in report on February 27, 2013.

C. Since January 20, 2012, C delayed repayment of loan interest, the Plaintiff filed an application for an auction of real estate rent with the Incheon District Court B regarding the instant housing, and this Court rendered a decision to commence the auction on April 8, 2014.

In the above auction procedure, the defendant reported a right as a small lessee under Article 8 of the Housing Lease Protection Act as to the housing of this case and made a demand for distribution.

E. On November 26, 2014, the court of execution prepared a distribution schedule that distributes the amount of KRW 130,629 to the Plaintiff, a mortgagee, in the order of 102,230, and 751,481, and 4th priority to the Plaintiff, a mortgagee, in the order of 4th order to the Incheonnam-gu, Incheon, which is the holder of the right to deliver (the pertinent tax), to the Defendant, 22,00,000 won, 10,230,000 won, and 130,629 won to the Defendant.

F. On the above date of distribution, the Plaintiff raised an objection to the total amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on December 2, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is the most lessee who entered into a false rental agreement on the instant housing in order to receive a small lease deposit under Article 8 of the Housing Lease Protection Act, and the distribution schedule should be revised to distribute the Defendant’s dividend amount of KRW 22 million to the Plaintiff.

In addition, the lease contract between the defendant and C constitutes a fraudulent act, and it is revoked.

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-주택임대차보호법 제8조

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