(영문) 인천지방법원 2017.04.28 2015가단226945

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(영문) 인천지방법원 2017.04.28 2015가단226945

배당이의

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1. Of the distribution schedule prepared by the above court on July 3, 2015 with respect to the auction of the real estate B in Incheon District Court.

Reasons

1. In the auction procedure of real estate B (hereinafter “instant auction procedure”) conducted with respect to the Seo-gu Incheon Seo-gu Incheon apartment 108 Dong 1402 (hereinafter “instant real estate”), the fact that the distribution schedule was made by allocating KRW 383,413,114 out of the maximum debt amount of KRW 428,280,00 in the order of priority to the Plaintiff, a mortgagee, and KRW 20,000,000 to the Defendant, a lessee of small amount of money (hereinafter “instant distribution schedule”) is not a dispute between the parties.

2. The plaintiff asserts that since the defendant is the most lessee who entered into a false rental agreement, the amount of dividends of 20 million won against the defendant should be deleted, and the amount of dividends should be distributed to the plaintiff.

On the other hand, the defendant asserts that, for the convenience of commuting to and from work, a real rental contract was concluded with respect to one column among the real estate in this case.

3. According to the following circumstances, the defendant is the most lessee who entered into a false lease agreement to receive the top priority repayment in the auction procedure for the real estate of this case, according to the following circumstances, comprehensively considered the descriptions of Gap evidence 1 to 11, witness D, and Eul's testimony, the order to submit financial transactions to the new bank of this court, and the overall purport of arguments as a result of examination of the defendant himself/herself.

Therefore, among the instant dividend table, the dividend amount of KRW 20,000,000 against the Defendant should be deleted, and the dividend table should be corrected to distribute the dividend amount to the Plaintiff.

① After the Defendant’s moving-in report on the instant real estate, an auction was commenced for the instant real estate after approximately four months, and the Defendant’s father G and F were in a friendly relationship with the Defendant to the extent that the Defendant was the owner of the said real estate.

② The Defendant’s father G is a lease agreement on the instant real estate.

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