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(영문) 춘천지방법원영월지원 2020.08.12 2019가단12799
배당이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant Credit Guarantee Fund applied for a compulsory auction against the debtor C on each real estate listed in the separate sheet owned by the Chuncheon District Court Young-ro B, Young-gu, and the auction procedure was conducted after the decision to commence the auction was issued on July 3, 2018.

B. On July 20, 2018, the Plaintiff filed a report on the right and demand for distribution on each lease deposit amounting to KRW 45,000,000 and KRW 20,000,000 for each lease deposit against C, as well as KRW 65,00,000.

C. On December 18, 2019, the above court drafted a distribution schedule to the Defendant Credit Guarantee Fund to the effect that KRW 65,082,731, Defendant Korea Trade Insurance Corporation, KRW 66,891,286, and KRW 00,00 to the Plaintiff (hereinafter “instant distribution schedule”). D.

On the date of distribution, the Plaintiff raised an objection against each of the Defendants’ dividend amounts among the instant distribution schedule, and thereafter filed a lawsuit of demurrer against distribution on December 24, 2019, within one week thereafter.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and Eul evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On December 9, 2006, the Plaintiff leased the land listed in paragraph (2) of the attached Table No. 2 and the building listed in Paragraph (3) of the same Table on the land and its ground (hereinafter “instant building No. 1”) from the mother-friendly D on the condition that the lease deposit is KRW 45,00,000, and no rent is available, and the Plaintiff has occupied and used it.

Since then C succeeded to the lessor's status from D under the above lease agreement.

B. In addition, on February 9, 2006, the Plaintiff occupied and used the land listed in Paragraph 4 of the attached Table from D and the building listed in Paragraph 5 of the same list on that ground (hereinafter “instant building”) by verbal lease.

C On August 28, 2006, after completing the registration of ownership transfer for the building No. 2, the Plaintiff completed the registration with C on July 4, 2010.

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