(영문) 인천지방법원부천지원 2016.04.29 2015가단18550

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(영문) 인천지방법원부천지원 2016.04.29 2015가단18550

배당이의의소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or are revealed in full view of the entries and the purport of Gap evidence No. 1, Gap evidence No. 5, Gap evidence No. 6-1, 2, and Gap evidence No. 9.

On August 21, 2009, the Plaintiff extended a loan of KRW 55 million to C, and completed the registration of the establishment of a neighboring mortgage of KRW 66 million with respect to KRW 5 million with respect to KRW 1, 5,000,000,000,000,000 for KRW 5,000,000.

B. On April 21, 201, the Defendant filed a move-in report on the instant real estate.

C. On October 16, 2014, the instant auction procedure commenced on the instant real estate, and the Defendant reported the right of lease of KRW 25,000,000, deposit money.

D. On July 28, 2015, the Busan District Court: (a) drafted a distribution schedule that the Plaintiff received KRW 21,55,835 as a mortgagee; and (b) the Defendant received KRW 20,016,655 as a small lessee, respectively.

E. On July 28, 2015, the Plaintiff raised an objection to the amount of distribution against the Defendant on the date of distribution, and filed a lawsuit of demurrer against the distribution on August 4, 2015, which was seven days after the said date, prior to the said date.

2. The assertion and judgment

A. The plaintiff asserted the false deposit due to the alteration of the lease contract with the defendant who submitted C to the plaintiff stated that the deposit amount is KRW 5,00,000,000 as to the lease contract with the defendant submitted by C. Thus, the defendant asserted that since the contract amount was modified as if the deposit amount was 25,000,000,000 won and the claim for distribution was made in the auction procedure of this case, the distribution schedule should be corrected as alleged by the plaintiff. Accordingly, the defendant asserted that the lease contract between C and the defendant was duly formed, and that the deposit amount of the lease contract between C is KRW 25,00,000,000.

In the lease contract (No. 2) submitted to the Plaintiff by C, the deposit amount shall be KRW 5,00,000.

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