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(영문) 수원지방법원성남지원 2015.10.14 2014가단202232
배당이의
Text

1. It was prepared on February 13, 2014 by the same court with respect to the case of voluntary auction of real estate B in Sung-nam District Court, Sung-nam District Court.

Reasons

1. On the premise of factual relations C, the said court prepared a distribution schedule with the content that distributes KRW 22,00,00 to the Defendant (small lessee) and KRW 364,854,191 to the Plaintiff (the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-dong 101 (hereinafter “instant apartment”) of the distribution date (as of May 31, 2013, registration of the decision to commence auction on the same day), which was proceeding with respect to the Suwon-si Branch of Sung-si, Sungnam-si (hereinafter “instant apartment”), the distribution date (as of February 13, 2014, KRW 387,671,81, out of the amount to be distributed to the Plaintiff (the applicant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage).

On February 20, 2014, the Plaintiff stated an objection against the total amount of dividends to the Defendant on the date of distribution, and filed the instant lawsuit on February 20, 2014.

(No dispute, Gap 1 through 3, 7, 8)

2. The plaintiff asserts that, around the other hand, in order to receive a small amount of deposit, the defendant does not constitute the most lessee who entered into a lease agreement on the apartment of this case or the small lessee who has the preferential right to payment pursuant to the Housing Lease Protection Act, and as a preparatory conclusion, C entered into a lease agreement on the apartment of this case with the defendant constitutes a fraudulent act against the creditor, the plaintiff asserts that the above distribution schedule, which was prepared to preferentially distribute the amount of KRW 22,00,000 to the defendant, is unlawful.

The Defendant asserts that the above distribution schedule is lawful, since it is a genuine lessee who can receive protection under the Housing Lease Protection Act that actually resided after entering into a lease agreement with C on the apartment of this case through the Real Estate Brokerage and Auction Consulting Co., Ltd. (hereinafter “E”), and after paying the deposit and monthly rent.

3. In full view of the facts and circumstances described below, there is no dispute, Gap 1 to 14, Eul 1 to 12, the postal service information center, and our bank, respectively.

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