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(영문) 인천지방법원 2015.04.09 2014가단60704
배당이의
Text

1. Of the dividend table prepared on September 2, 2014 with respect to the Incheon District Court E Real Estate Auction case, the Defendants’ dividends are distributed.

Reasons

1. Basic facts

A. On September 9, 2011, in order to secure loan claims against Nonparty F, the Plaintiffs completed the registration of the establishment of a neighboring mortgage amounting to KRW 420 million with respect to the debtor F and the maximum debt amount as to Article 401 of the Nam-gu Incheon Metropolitan City G 401 (hereinafter “instant housing”).

B. On April 23, 2012, F sold the instant house to Nonparty H and completed the registration of ownership transfer on April 24, 2012.

C. In the auction procedure entered in the text of the instant house, Defendant D, with respect to part of the instant house, filed a distribution schedule with the court of execution by asserting that Defendant C is a small lessee under Article 8 of the Housing Lease Protection Act with respect to subparagraph 401-2 of the instant house, which is a part of the instant house, and the Defendant C filed a report on the right and demand for distribution with the court of execution by asserting that it is a small lessee under Article 8 of the Housing Lease Protection Act. On September 2, 2014, the court of execution prepared and presented a distribution schedule with respect to the Defendants, who are a small lessee, the date of distribution, with the first priority of KRW 2,00,000,000,000 to Plaintiff B, a mortgagee, and KRW 1,676,76,70 to the Plaintiff (hereinafter “instant distribution schedule”). The Plaintiffs stated an objection against the total dividend against the Defendants.

【Ground for Recognition: A without dispute over Defendant C; Gap evidence 1 through 3, 10, 11; hereinafter the same shall apply

(3) Each entry, the purport of the entire pleadings, and the judgment deeming confession against Defendant D (Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff’s assertion is merely the most lessee who entered into a false real estate lease agreement with H, and thus, they seek correction as to the instant distribution schedule, each of which was distributed KRW 22 million, by recognizing the Defendants as the small lessee.

B. According to the evidence before whether Defendant C is the most lessee and the evidence No. 13, Defendant C’s above 401-2 (hereinafter “instant studio”) between H and Defendant C, the lease deposit amount of KRW 22 million between H and Defendant C, and the lease term of KRW 27,00,000 from July 27, 2012 to July 27, 2014.

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