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(영문) 인천지방법원 2017.04.28 2016가단49527
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In the instant auction procedure for the Plaintiff’s assertion, the distribution schedule was formulated that the Plaintiff received dividends from the Defendant (Appointed Party) as the mortgagee, and the Defendant (Appointed Party) as the lessee of small claims in the first order. Since the above C is the most lessee, the distribution schedule should be revised to distribute the amount of dividends to the Plaintiff.

2. In light of the following circumstances acknowledged by Gap evidence Nos. 1 through 7 (including the number of branch offices), witness D's testimony, and witness D's testimony as a result of the order to submit financial transaction information to the new bank of this court, the following circumstances, namely, the above C entered into a lease agreement with the real estate subject to the auction of this case through the real estate broker and resided in the above real estate from around that time until the death of that time, the lease deposit was paid through the real estate broker, and the lease deposit was paid to D's owner of the above real estate only lent the name, and the above real estate did not actually own the above real estate, it is difficult to view the above C's testimony as the most lessee, and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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