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(영문) 인천지방법원부천지원 2014.06.17 2014가단1234
배당이의
Text

The distribution schedule prepared by the above court on January 7, 2014 with respect to the case of the auction of the real estate B by Busan District Court Branch B.

Reasons

Facts of recognition

On August 6, 2008, the Plaintiff lent KRW 50,000,000 to C on August 6, 2008, and completed the registration of the establishment of a neighboring mortgage amounting to KRW 65,00,000 with respect to the instant real estate owned by C.

On February 15, 2013, at the request of the National Bank Co., Ltd., the mortgagee of the instant real estate, the voluntary auction procedure was initiated on February 15, 2013

(2) On November 26, 2012, the Defendant claimed that the instant real estate was leased at KRW 22,00,000 (hereinafter “instant lease contract”) and filed an application for distribution of the said real estate at the instant auction procedure.

On January 7, 2014, the said auction court: (a) recognized the Defendant as a lessee of small claims having the highest priority repayment right on the date of distribution, and distributed KRW 16,00,000; and (b) drafted a distribution schedule that does not distribute dividends to the Plaintiff (hereinafter “instant distribution schedule”).

On January 13, 2014, the Plaintiff filed an objection against the whole amount of dividends to the Defendant on the date of distribution.

[Recognition] In the absence of dispute, Gap evidence 1 to 3, evidence 4-2, 3, and 6-2, 4-2, 3, and 6-6 (including a serial number), and the plaintiff's assertion about the main claim for the whole purport of the pleadings, the plaintiff's defendant is the small-sum lessee for the purpose of receiving dividends in consideration of the auction of this case, and thus, the amount of dividends to the defendant should be deleted and distributed to the plaintiff.

The defendant is a small lessee under the Housing Lease Protection Act, since the defendant reports the advertisement site in the rice Luxembourg market in an economically difficult situation and concludes the instant lease contract through the real estate intermediary and resides together with his family members in the high-speed village.

Judgment

The records of Gap evidence No. 3-2, No. 4-2, No. 3, No. 7, No. 4-2, No. 4-7, and No. 4, and the result of this court's response to the order of submission of financial transaction information to small-scale credit cooperatives and arguments.

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