(영문) 서울북부지방법원 2015.01.16 2014가단29329

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(영문) 서울북부지방법원 2015.01.16 2014가단29329

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 12, 2013, the procedure of the auction of real estate was initiated as Seoul Northern District Court B, Seoul Northern District Court B, on April 12, 2013, with respect to the 1st underground floor, 4th underground floor, 4th ground floor, store, office building (hereinafter “instant building”).

B. During the above voluntary auction procedure, the execution court set up a distribution schedule, which is not distributed to the Defendant, the transferee of the National Federation of Fisheries, who is a mortgagee, in the order of 39,000,790,790,024 won, in 2,490,857,439 won, and in 12,067,415 won, and 2,067,415 won, and 39,000 won, in 2,439,790,024 won, to the trustee in bankruptcy, who is the wage creditor, in the first order, to the trustee in bankruptcy of the new bank, a senior mortgagee, in the second order.

C. On July 17, 2014, the Plaintiff appeared on the date of distribution and raised an objection against KRW 20,000,000 out of the amount of distribution to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff's summary of the plaintiff's assertion is the small lessee who completed business registration on June 27, 2001, part of the first floor of the building of this case 20,000,000 won deposit and 400,000 won monthly rent and completed business registration, and that it is improper to exclude it from dividends.

3. Determination

A. (1) On June 22, 2001, the Plaintiff leased part of 49.59 square meters (around 15 square meters (hereinafter “instant store”) of the instant building from C with a deposit of 20,000,000 won, monthly rent of 400,000 won, June 21, 2001, and the period of 2 years from June 21, 2001, and operated the instant store under the delivery of the instant store on July 7, 2001.

After that, on November 3, 201, the Plaintiff entered into a contract with C to change the lease of this case to KRW 25,000,000 per deposit, and KRW 500,000 per month of rent, and obtained the fixed date on September 27, 2012.

(2) The location of the instant store is the location of the Plaintiff’s store on March 1, 2001.

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