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(영문) 서울북부지방법원 2015.08.20 2014가단41954
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the defendant is the most lessee who did not enter into a lease agreement with D as to multi-household 402 located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter "the real estate of this case"), and since it is not entitled to receive dividends in the auction procedure on the real estate of this case, the defendant is obliged to distribute dividends of KRW 20 million to the plaintiff as a small lessee.

On the other hand, the defendant asserts that it is justifiable to preferentially receive the dividend of KRW 20 million in the auction procedure, since the real lessee who actually resided in the real estate of this case by leasing the real estate of this case from D and paying KRW 23 million in the lease deposit.

2. We examine the judgment, and the burden of proof as to the grounds for objection to a distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff claims that the defendant's claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and where the plaintiff claims that the claim is null and void as a false declaration of conspiracy or extinguished as a result

(2) In light of the overall purport of the arguments in the following: (a) the Defendant entered into a lease agreement between D and D on July 24, 2013; (b) the lease agreement between D and the lease agreement between August 23, 2013 and August 22, 2015; (c) paid KRW 1 million as a down payment; and (d) paid KRW 23 million as a fixed date on August 23, 2013 and the fixed date on the lease agreement between D and D; and (e) the Defendant received KRW 1 million as a fixed date on the lease agreement by paying KRW 20 million as of August 23, 2013 and KRW 5.

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