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(영문) 인천지방법원 2020.08.12 2019가단256326
배당이의
Text

1. We dismiss the conjunctive claim seeking confirmation of invalidity of the lease agreement among the instant lawsuit.

2...

Reasons

1. Basic facts

A. On September 25, 2017, the Plaintiff completed each registration of the establishment of a mortgage with respect to the real estate listed in the list [Attachment] owned by E on the same day (hereinafter “the instant real estate”) as the loan of KRW 78,00,000,000 to E on the same day (hereinafter “the instant loan”), with the maximum debt amount of KRW 101,40,000,000,000.

(hereinafter collectively referred to as “instant collateral security”). B.

On November 10, 2017, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 20,000,000 (at the time of a contract, KRW 3,500,000, the remainder of KRW 16,500,000 shall be paid, respectively, on March 31, 2018), monthly rent of KRW 200,000 (payment on March 31, 201), and from March 31, 2018 to December 24, 2018.

C. E delayed repayment of the instant loan obligation, the Plaintiff filed an application for a voluntary auction of real estate property (Sacheon District Court D; hereinafter “instant auction”) with respect to the instant real estate, and the said court rendered a voluntary decision to commence the auction on February 11, 2019.

In the auction procedure of this case, on September 20, 2019, the auction court prepared a distribution schedule with the following contents (hereinafter “instant distribution schedule”) on the premise that the Defendant is the top priority repayment right holder under the Housing Lease Protection Act:

(2) The plaintiff applicant creditor (mortgager) of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon (public charges) 12,190 won, 133,469,347 won, 190 won, 19,00 won, 277,350 won, 277,350 won, 19,000 won, 12,190 won, 133,469,347

E. On September 20, 2019, the Plaintiff appeared on the date of distribution, and raised an objection against the total amount of the Defendant’s dividends, and filed the instant lawsuit on September 25, 201.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, 8, 10, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Defendant’s assertion that the Plaintiff’s assertion exceeded his/her obligation.

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