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(영문) 인천지방법원 2015.06.26 2014가단245321
배당이의
Text

1. Defendant of the distribution schedule prepared on September 24, 2014 by this Court with respect to the case of the voluntary auction of real estate C in Incheon District Court.

Reasons

1. Facts of recognition;

A. On March 18, 2010, the Plaintiff lent KRW 150 million to D. In order to secure the above claim, the Plaintiff completed the registration of creation of a neighboring mortgage amounting to KRW 195 million with respect to the housing and its site stated in the claims stated in D’s claim on the same day (hereinafter “instant land and housing”).

B. In the case of G real estate auction in the Incheon District Court G real estate G real estate auction proceeding with respect to the instant land and housing, Defendant A claimed a demand for distribution as the lessee who paid deposit of KRW 18 million to the second floor room of the instant housing, and Defendant B paid deposit of KRW 25 million to the second floor room of the instant housing.

C. On September 24, 2014, this court prepared a distribution schedule with the content that distributes each of the KRW 18 million to Defendant A, Defendant B’s KRW 20 million to the third order, and that distributes each of the KRW 65,947,617 to the Plaintiff (hereinafter “instant distribution schedule”). D.

Accordingly, on the date of the above distribution, the Plaintiff raised an objection to the whole amount of each dividend to the Defendants, and thereafter filed the instant lawsuit on October 1, 2014, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 through 7, and 9 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. In light of the Plaintiff’s assertion, the Defendants were the most lessee who entered into a false lease agreement on the instant housing in order to receive a small-sum lease deposit under the Housing Lease Protection Act, or each of the above lease agreements is null and void against the anti-social order. Therefore, it is unlawful to deem the Defendants as small-sum lessee and distribute the amount of KRW 18 million and KRW 20 million to each of the Defendants as small-sum lessee, and thus, it should be revised as stated in the purport of the instant distribution schedule

Preliminaryly, each lease agreement entered into between the Defendants and D constitutes a fraudulent act, and it is revoked.

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