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(영문) 서울북부지방법원 2014.10.10 2013가단42424
배당이의
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The real estate indicated in the attached Form B between the Plaintiff (Counterclaim Defendant) and B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 12, 2013, the Seoul Northern District Court C, upon the application of the Industrial Bank of Korea, which was the right to collateral security with respect to the real estate listed in the separate sheet No. B (hereinafter “instant apartment”).

B. During the above voluntary auction procedure, the executing court prepared a distribution schedule that distributes the entire amount to the transferee of the Industrial Bank of Korea, a senior mortgagee, to the defendant, by deducting the execution cost from the sales price and interest of the apartment of this case.

C. On October 25, 2013, the Plaintiff appeared on the date of distribution and raised an objection against the Defendant regarding KRW 20,000,000 out of the amount of distribution to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 2, entry of Eul evidence 2, the purport of whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff asserted that 20,000,000 won out of the deposit for lease should be distributed prior to the defendant as a tenant of small amount under the Housing Lease Protection Act regarding the apartment of this case, and that the defendant did not know that the lease contract of this case was a fraudulent act as to the defendant's assertion of fraudulent act.

B. At the time when the Plaintiff entered into the instant lease agreement, the Plaintiff asserted that the act of leasing the instant apartment does not constitute a small lessee subject to protection by paying a deposit of an amount significantly smaller than the market price, even though it is anticipated that auction will commence due to the completion of the registration of the establishment of several mortgages and the registration of the provisional seizure near the market price on the instant apartment at the time of entering into the instant lease agreement, and that the act of

Even if the lease contract of this case is concluded in excess of the obligation of B, and it is an act detrimental to other creditors, so it should be revoked as a fraudulent act.

3. Determination

(a) is a legitimate small lessee, (1) Gap evidence 7, and (2)

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