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(영문) 인천지방법원 2018.10.11 2018가단217843
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 2, 2006, the Defendant entered into a lease agreement between the deceased D (hereinafter “the deceased”) with respect to some of the first floor of the building listed in paragraph (2) of the attached Table No. 2 of the deceased’s list owned by the deceased (hereinafter “instant store”), with the lease deposit of KRW 25 million, monthly rent of KRW 700,000,000, and the lease term of KRW 700,000,000 by the last day of May 2006 (hereinafter “instant lease agreement”). Around that time, the Defendant completed its business registration and obtained a fixed date.

B. On February 22, 2014, E pertaining to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the deceased, the Plaintiff, F, G, H, and I inherited the respective 3/13 shares, and the Plaintiff, F, H, and I completed the registration of ownership transfer on May 8, 2014 with respect to each of their respective shares by inheritance.

C. On May 21, 2014, J, K, and K, from F on May 21, 2014, completed the transfer registration of shares on May 20, 2014 with respect to each of the said shares of 1/13 out of the said shares of 2/13.

F on June 23, 2016, on each of the above 2/13 shares from G, H, and I, the F completed the registration of transfer of shares on June 21, 2016.

E. On January 12, 2017, regarding each of the instant real estate, the Incheon District Court rendered a decision to commence co-owned property partition (hereinafter “instant auction procedure”) upon the Plaintiff’s request, and the above decision was rendered.

(b)bed;

At the time of the change in the share stated in the subsection, 6/13 shares in each of the instant real estates were Fa, 3/13 shares in Ea, 2/13 shares in the Plaintiff, 1/13 shares in each of the instant real estates were owned by J and K respectively.

F. In the instant auction procedure, F purchased the aggregate of 7/13 of the co-ownership shares of the Plaintiff, J, and K, and completed the registration of transfer of co-ownership on February 13, 2018, and on the date of distribution implemented on March 28, 2018, the said court held that: (a) KRW 25 million to the Defendant, the lessee with the first priority order among KRW 602,609,09,093, which was the amount to be actually distributed, was KRW 88,862,937, and KRW 266,58,812, and KRW 2666,431,469, and KRW 13,39,00 to E, respectively.

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