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(영문) 인천지방법원 2014.10.08 2013가단235075
배당이의
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 18, 2012, with respect to the second floor No. 202 (hereinafter “instant apartment”) located in Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “instant apartment”), the establishment registration of a mortgage was completed with respect to the debtor D and the maximum debt amount of KRW 138,00,000 under the name of Youngpo Agricultural Cooperative.

B. On January 10, 2013, at the request of Yeongdeungpo-gu Agricultural Cooperative, the mortgagee-mortgaged the instant apartment, the decision to voluntarily commence the auction procedure was rendered to the Incheon District Court C on January 10, 2013.

C. On January 23, 2013, in the above auction procedure, Plaintiff A filed a report on each of the rights and demand for distribution, alleging that the lease contract was concluded with D on February 6, 2012 by setting the lease deposit of KRW 18,00,000 with D on February 6, 2012, Plaintiff B was a lessee who entered into the lease contract with D on February 6, 2012 with respect to one column among the instant apartment.

On the other hand, on May 1, 2013, the Plaintiff, as a transferee of a loan claim against D by Yeongdeungpo-gu Agricultural Cooperative, filed a motion to resume with the above execution court.

E. During the above auction procedure, among the amount to be distributed on November 8, 2013, KRW 80,332,91, 196,780 as the holder of the right to deliver (the pertinent tax) to the Seo-gu Incheon, Seo-gu, Incheon, and the Plaintiff, a successor to the applicant creditor, who was the applicant creditor, was prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 80,136,211 to the second order (the mortgagee). The Plaintiffs appeared on the above distribution date and raised an objection as to KRW 18,00,00 for the Plaintiff, and KRW 12,00,000 for the Defendant’s distribution amount, and KRW 12,00 for the Plaintiff, within one week thereafter, filed the instant lawsuit on November 14, 2013.

[Ground of recognition] The fact that there is no dispute, Gap 1, 5, 6, 7, 12, Eul 2-1 and 2-2, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiffs paid the full amount of the lease deposit to D.

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