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(영문) 인천지방법원 2019.09.25 2019가단10599
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The auction procedure for real estate rent has been initiated as the Incheon District Court D with respect to the section of exclusive ownership F of building in the Nam-gu Incheon metropolitan E-building, which is an aggregate building.

On April 10, 2019, the Incheon District Court prepared a distribution schedule containing the distribution of KRW 747,597,792 among the amount to be actually distributed on the date of distribution of the above auction procedure, which was held on April 10, 2019, to the Defendant, the debtor and the owner

[Grounds for Recognition]

2. On May 30, 2016, the Plaintiff’s assertion is a commercial lessee who leased G units of real estate at KRW 200 million and obtained a fixed date on July 19, 2016.

Therefore, the plaintiff has the right to receive a security deposit in preference to the defendant who is the owner.

3. Determination on the legitimacy of the instant lawsuit

A. A person standing to sue in a lawsuit of demurrer against distribution has been present on the date of distribution on the date of distribution and raised an objection under the substantive nature of the distribution schedule, and in order for a creditor to be present on the date of distribution on the date of distribution and to file an objection against the substantive nature of the distribution schedule, he/she should have lawfully demanded a distribution by the date of completion of the demand for distribution. The creditor who was not lawfully demanded a distribution does not have the right to make an objection against the distribution schedule because he/she was present on the date of distribution on the date of distribution and raised an objection against the distribution schedule, even if he/she did not have the right to file an objection against the distribution schedule, it is unlawful, and there is no standing to institute a lawsuit of demurrer against

(2) The court below's decision is delivered with the assent of all participating Justices who reviewed the appeal. (3) The court below's decision is delivered with the assent of all participating Justices who reviewed the appeal. (4) The court below's decision is delivered with the assent of all participating Justices who reviewed the appeal.

According to the evidence No. 4, the plaintiff appeared on the date of distribution and raised an objection against KRW 200 million out of the dividend amount of H assets management company, and there is no evidence to acknowledge that the plaintiff raised an objection against the distribution amount of the defendant.

In addition, the plaintiff is notified.

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