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(영문) 대전지방법원서산지원 2015.05.19 2014가단52829
배당이의
Text

1. Of the distribution schedule prepared on August 13, 2014 in Seosan Branch B, the Defendant received dividends on August 79,683.

Reasons

1. Basic facts

A. On September 4, 2012, the Plaintiff entered into a lease agreement with Nonparty C’s agent Nonparty D for a deposit of KRW 80 million and a period of two years (hereinafter “instant lease agreement”).

The indication of the object of the lease contract is written as "E 402 Dong 502 (E 2.502 Dong 2,502)".

(hereinafter referred to as “E” is a multi-household house of this case. (b)

On September 4, 2012, the date when the above lease contract was concluded, the Plaintiff made a move-in report to "F, 402 Dong 502", and obtained a fixed date in the lease contract.

C. The Plaintiff paid the remainder of the deposit to C on September 14, 2012, and has been residing there until now since moved into the sectional ownership of this case.

In the aggregate building ledger of the sectional ownership of this case, the sectional ownership of this case is marked as “G, 2, 502,” and the attached building status map as “F, 2, 502,” is marked as “F, 2, and 502.”

E. On October 16, 2012, Nonparty H concluded a sales contract on the instant sectional ownership with C. On November 1, 2012, Nonparty H concluded a mortgage agreement on the instant sectional ownership between the Defendant and the Defendant, and on November 16, 2012, Nonparty H completed the registration of transfer of ownership under H’s name at the same time as the registration of transfer of ownership was completed.

F. According to the distribution schedule prepared on August 2, 2013 (hereinafter “instant distribution schedule”) prepared on August 13, 2014 (hereinafter “instant distribution schedule”), the Defendant received dividends of KRW 79,683,578 as the third-order applicant creditor, while there was no dividend amount against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 20 evidence (including each number, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The Plaintiff, as to the sectional ownership of the instant case, is determined on December 2012.

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