(영문) 울산지방법원 2017.10.11 2017가단12461

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(영문) 울산지방법원 2017.10.11 2017가단12461

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. The content of the distribution schedule 0: The debtor and the owner of the auction real estate in Ulsan-gu D apartment 101 Dong 802 (hereinafter “the apartment of this case”) prepared by the court: in the case of an application for auction of real estate rent in this court C [F (F)] (F) in which the plaintiff filed an application, this court shall distribute the amount of KRW 381,454,712 (F) to the bank of the mortgagee of the right to collateral security to be actually distributed on July 26, 2017, and distribute the remaining amount of KRW 232,036,155 to the bank of the right to collateral security, and distribute the remaining amount of KRW 149,418,57 to the defendant as the second lessee, and the plaintiff shall be present on the distribution date, and the plaintiff shall raise an objection against KRW 59,94,940,940 (F) out of the dividend amount against the defendant.

2. Summary of the Plaintiff’s assertion: The Defendant of a demurrer against a false or most lessee shall enter into a false lease contract in collusion with E, the owner of the auction real estate.

3. Determination: As alleged by the Plaintiff in a lawsuit of demurrer against the distribution, there is insufficient evidence to acknowledge that the Defendant’s claim for the return of the lease deposit is a false claim that does not actually exist, as in the Plaintiff’s assertion, with respect to the fact that the lessee, who is not entitled to accept the Plaintiff’s claim, in collusion with the lessor and falsely transferred, or the lessee transferred for non-residential purposes (see, e.g., Supreme Court Decision 2005Da39617, Jul. 12, 2007). However, according to the evidence submitted by the Defendant, the Defendant, without direct transaction with E and E without real estate intermediary, entered into a lease agreement with the period from Jan. 27, 2014 to Jan. 27, 2016, by setting the lease agreement as the date of January 17, 2014 to obtain the fixed date of move-in on the date of the instant apartment on Jan. 28, 2014; and

참조판례

-대법원 2007. 7. 12. 선고 2005다39617 판결

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