(영문) 수원지방법원 평택지원 2018.05.02 2018가단51247

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(영문) 수원지방법원 평택지원 2018.05.02 2018가단51247

배당이의

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On October 27, 2014, Plaintiff A entered into a lease agreement with Nonparty G, the owner of the studio located in Pyeongtaek-siF (hereinafter “instant studio”), with respect to the above studio 201, with respect to the lease agreement between October 27, 2014 and October 27, 2016, the lease agreement of KRW 50 million was concluded and the fixed date was obtained on November 20, 2014.

(2) On August 12, 2015, Plaintiff B entered into a lease agreement of KRW 60 million for the term of lease from August 12, 2015 to August 12, 2017.

B. (1) On May 10, 2015, Defendant C entered into a lease agreement with Nonparty G, the owner of the studio in the instant case, with respect to the foregoing 201, the lease agreement of KRW 23 million, and from May 13, 2015, Defendant C resided in the said 201.

(2) On October 5, 2015, Defendant D entered into a lease agreement of KRW 30 million with the said G on the instant studio-dong 204, and completed the move-in report on October 5, 2015.

C. On January 31, 2018, the auction procedure for the auction of real estate (hereinafter “instant auction procedure”) was initiated in the instant court E with respect to the progress of the auction procedure for the room room of this case and the distribution of dividends. The Defendants were paid dividends of KRW 14 million on the grounds that the Defendants constitute respective small tenants, and the Plaintiffs received dividends of KRW 534,151, each of the instant 534,151 as a provisional attachment authority.

(hereinafter “instant dividends”). D.

On January 31, 2018, the Plaintiffs raised an objection to the distribution and the Plaintiffs filed the instant lawsuit were present on the date of distribution of the instant auction procedure and raised an objection to the distribution of the Defendants. The same year.

2. 6. The instant lawsuit was filed.

2. The plaintiffs' assertion and judgment

A. The Defendants asserted that the Plaintiffs’ assertion is a lease agreement between the Plaintiffs and Nonparty G on the studio of this case.

유사 판례

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