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(영문) 수원지방법원여주지원 2017.07.18 2016가단7823
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On August 4, 2014, the Plaintiff and D entered into a lease contract with a deposit of KRW 55 million and a term of one year with respect to 202 units of multi-family housing (hereinafter “instant building”).

On February 10, 2015, Defendant and D entered into a lease contract with a deposit of KRW 40,000 and a two-year period of KRW 40,000 for the instant building owned by D.

On March 4, 2015, the defendant obtained a fixed date in the lease contract on the above 201, and completed the move-in report on the same day.

On May 12, 2015, the instant building was voluntarily decided to commence auction as the instant case in this Court C, and the said building was sold to D on July 7, 2016 at the auction procedure.

On August 31, 2016, the Plaintiff and the Defendant respectively made a distribution schedule with the content that the Defendant distributed the amount of KRW 14 million to the Defendant as the lessee of small amount and distribute the amount of KRW 0 to the Plaintiff.

On August 31, 2016, the Plaintiff raised an objection against the whole of the Defendant’s dividends on the date of open distribution.

(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 12, Eul evidence 1 (including each number), the purport of the whole pleadings.

The plaintiff D entered into a false lease contract with the defendant, and made the defendant receive a small amount of deposit from the auction procedure of the building of this case.

Therefore, the amount of dividends against the defendant should be revised to 0 won.

The defendant actually paid 40 million won to the defendant D and actually occupied the house of this case, which is not the most lessee.

Therefore, the plaintiff's argument is unreasonable.

Judgment

The time when the plaintiff entered into a lease contract with the defendant was two months prior to the commencement of an auction on the building of this case, and the deposit was set at KRW 40,000,000, which can be protected as a small lessee, and the relationship between D and F church credit regarding the auction of the building of this case.

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