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(영문) 인천지방법원 2016.05.31 2015가단237273
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In order to secure the principal and interest of loan to Nonparty F, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the first floor (A) and the first floor (hereinafter “first floor”) located in Nam-gu Incheon Metropolitan City G on October 29, 2010, the maximum debt amount of KRW 70,200,000, the debtor F, the registration of the establishment of a neighboring mortgage on the first floor (102), and the first floor (102) of Incheon Nam-gu I (hereinafter “second real estate”) with respect to the establishment of a mortgage on the first floor (10,000,000 won, and the debtor F, respectively.

B. The Plaintiff filed an application for a voluntary auction of real estate related to the first and second real estate of this case with the Incheon District Court D based on each right to collateral security stated in the foregoing paragraph 1. The said court rendered a voluntary decision to commence auction on August 18, 2014.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

1) Meanwhile, Defendant A entered into a lease agreement with F on November 22, 2010 and the first real estate of this case with respect to the lease deposit amounting to KRW 22,00,000,00 and the term of lease from December 14, 2010 to December 14, 2012 (hereinafter “instant first lease agreement”).

(2) On October 16, 2010, the deceased E, the decedents of Defendant B and C, concluded a lease agreement (hereinafter “instant lease agreement”) with respect to F and the instant real estate, setting the lease deposit amount of KRW 25,000,000, and the term of lease from October 30, 2010 to October 29, 2012.

On September 18, 2015, this Court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the amount of KRW 22,00,000 to Defendant A and the network E, each of whom was demanded to make a distribution as a small lessee on the date of distribution, and the content that distributes the amount of KRW 47,657,912 to Defendant A and the mortgagee, the applicant creditor and the mortgagee, respectively, in the third order.

E. On September 24, 2015, the Plaintiff raised an objection against the whole amount of dividends to Defendant A and the network E, and thereafter filed the instant lawsuit on September 24, 2015.

F. Meanwhile, the network E died on October 22, 2015 while the instant lawsuit was pending, and the network E.

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